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The New York School Officers Handbook 



A MANUAL 



Common School Law 



C. W. BARDEEN 

Editor of the School Bulletin 



Ninth Edition, wholly re-written, with 1678 referencks to legal 
decisions, and 605 citations 




SYRACUSK. N. Y. 



C. W. BARDEEN, PUBLISHER 



Copyright, 1910, by C. \V. Bardeen 



v> 



References 

References to the New York Education Law of 1909 are 
indicated by figures in parenthesis. Thus (303) means 
section 303 of the education law of 1909. 

References to other New York statutes than that of 1909 
are indicated by a number, a colon, and the year, all in 
parenthesis. Thus (36:1909) stands for chapter 36 of the 
laws of 1909. 

References to the New York Code of Public Instruction, 
last edition (1887), are indicated by italic nttmbers in paren- 
thesis. Thus (492) means page 492 of the Code of 1887. 

This Code is a volume of 1075 pages, bound in full leather, 
and giving the explanations and decisions of the State De- 
partment. It is still the authority upon all points except 
where the law has been changed, and by means of this man- 
ual is made readily available. Copies may be had of the 
publisher of this volume at $2.50 each. 

References to decisions of the New York commissioner 
of education are indicated by D and the number of the decision 
in parenthesis. Thus (D 1665) refers to decision No. 1665. 

References to legal decisions are indicated in the usual 
form. Thus (29 N Y 641) means page 641 of the 29th 
volume of New York supreme decisions. 

References marked 5. B. are to The School Bulletin, by 
volume and page. Vol. I is for ^874-5, and Vol. XXXVI for 
1909-10. 



:C!,A2r^rl!)81 



Analytical Table of Contents 

Introduction 

CONSTITUTIONAL PROVISIONS 7 
DEFINITIONS 8 

Part I The School District 

CHAPTER, I FORMATION 9 
Joint districts 10 
Separate neighborhoods 12 

CHAPTER II THE DISTRICT MEETING 15 

Qualifications of voters 18 
Powers 20 

Schoolhouse sites 21 

New schoolhouses 24 

Library 27 

CHAPTER III SCHOOL DISTRICT OFFICERS 43 
Clerk 43 
Collector 45 
Treasurer 48 
Trustees 49 
Election 51 

CHAPTER IV SCHOOL TAXES 51 
Assessment 55 

Exemptions 59 

Bank 61 

Railroads 63 
Warrant 63 

CHAPTER V HIRING TEACHERS 71 
Who may hire 74 
Who may be hired 77 
Qualified teachers 80 



2 School Law 

CHAPTER VI QUALIFIED TEACHERS 82 
Examination 83 
Further requirements 84 
Annulling certificates 89 

CHAPTER VII DURATION OF CONTRACT 100 
Contract should be written 100 
Limits of duration lOS 
Holidays 109 
Enforced vacation 112 

CHAPTER VIII TEACHERS' WAGES 114 
Janitor work 115 
Specifications 119 
Verification of register 121 

CHAPTER X DISMISSING TEACHERS 123 
Teacher's refusal to keep contract 123 
Dismissal must be for cause 124 
Remedy for injustice 142 

CHAPTER XI TRUSTEE AND TEACHER 148 
Original authority in hands of trustee 148 
But teacher has authority of his own 150 
Teacher's authority not to be taken 152 
Defence against complaining parents 155 

CHAPTER XII EXTENT OF AUTHORITY 157 
On the road concurrent 157 
Except in New York 162 

CHAPTER XIII RULES AND REGULATIONS 165 
What rules are reasonable 105 

CHAPTER XIV HOURS OF SCHOOL 170 
Recess 170 
Detaining pvipils after school 171 

CHAPTER XV SCHOOL ATTENDANCE 172 
Schools free 172 
Vaccination 174 



Contents 

Regularity of attendance 176 
Tardiness 179 
Suspension 182 

CHAPTER XVI THE COMPULSORY LAW 'l85 
Requirements 185 

Labor certificate 187 

School record certificate 188 
Penalties 190 

CHAPTER XVII COURSE OF STUDY 199 
The temperance law 201 
Kindergartens 205 
Patriotic exercises 205 
Compelling pupils to follow the course 208 

CHAPTER XVIII RELIGIOUS INSTRUCTION 21^1 
New York follows a precedent 214 
What is sectarian 216 
Religious services in the schoolhouse 219. 

CHAPTER XIX CORPORAL PUNISHMENT 221 
A statute right in New York 222 
Limitations on exercising the right 223 
Illustrative legal decisions 229 
Modern tendency of opinion 234 
Expulsion the alternative 238 
The truant school 240 

CHAPTER XX SUSPENSION AND EXPULSION 242 
Right to attend school conditional 242 
Teacher may suspend, usually 243 
Teacher may not expel 245 
Defective children 246 
Sufficient reason for expulsion 251 

Trustees must expel when necessary 254 
How long suspension should continue 255 
Damages for wrongful expulsion 260 



4 School Law 

CHAPTER XXI PUBLIC MONEYS 
The state funds 264 
Apportionment by commissioner 266 
Apportionment by school commissioner 270 
Gospel and school lots 274 

CHAPTER XXII TRUSTEES: MISCELLANEOUS 276 
Issuing bonds 277 
Buying books and apparatus 278 
United States flags 279 
School savings banks 280 
Reports 281 

CHAPTER XXIII TEACHERS' CERTIFICATES 286 

Where valid 287 
General rules 289 
Elementary certificate 292 
Academic certificate 295 
Rural renewable certificate 297 
Training class certificate 300 
Limited state certificate 303 
State certificate 304 
College graduate certificate 307 
Temporary license 310 
Special certificate 311 

Part II The Union School 

CHAPTER XXIV UNION SCHOOL DISTRICTS 313 
Differences from common district 313 
How formed 315 
Meetings 319 

CHAPTER XXV UNION SCHOOL OFFICERS 324 
Powers of board of education 326 
Must teach drawing 327 
Industrial schools 328 
Academic departments 333 
Apportionment 335 



Contents 5 

Superintendent 340 
Teachers' class 431 
Levying tax 345 

Part III Village Schools 

CHAPTER XXI VILLAGE SCHOOLS 349 
Differences from other union schools 349 
Compulsory age 353 

Part IV City Schools 

CHAPTER XXVII CITY SCHOOLS 357 

Differences from union and village schools 357 
Certification of grade teachers 357 
Industrial schools 358 
Census board 359 

Part V The Town 

CHAPTER XXVIII THE TOWN 369 
Pensions 369 
Attendance officers 371 
Supervisor 371 
Town Clerk 377 

Part VI The County 

CHAPTER XXIX THE SCHOOL COMMISSIONER 380 

Must not act as agent 382 

Powers 385 

Teachers' Institute 388 

Part VII The State 

CHAPTER XXX THE COMMISSIONER OF EDUCA- 
TION 392 
Apportionment 393 
Powers 394 



6 School Law 

Cornell university 395 
Normal schools 401 
Appeals 407 

CHAPTER XXXI REGENTS OF THE UNIVERSITY 409 
Election 409 
Powers 411 

Library and museum 412 
Higher education 418 
Incorporation 418 
Bequests 431 



Constitutional Provisions 

1. Common schools. The legislature shall provide for 
the maintenance and support of a system of free common schools, 
whereiyi all the children of this state may be educated. 

2. Higher education. The corporation created in the year 
1784, under the name of the regents of the university of the 
state of New York is hereby continued under the name of the 

University of the state of New York. It shall be governed 
and its corporate powers, which may be increased, modified or 
diminished by the legislature, shall be exercised, by not less 
than nine regents. 

3. Educational funds. The capital of the common school 
fund, the capital of the literature fund, and the capital of the 

United States deposit fund, shall be respectively preserved in- 
violate The revenue of the said common school fund shall 
be applied to tlie suport of common schools; the revemie of the 
said literature fund shall be applied to the support of accuiemies ; 
and the sum of $25,000 of the United States deposit fund shall 
each year be apportioned to and made part of the capital of the 
said common school fund. 

4. Restrictions of subsidies. Neither the state nor any 
subdivision thereof, shall use its property or credit or any public 
money, or authorize or permit either to be used, directly or 
indirectly, in aid or maintenance, other than for examination 
or inspection, of any school or institution of learning wholly 
or in part under the control or direction of any religious denom- 
ination, or in which any denominational tenet or doctrine is 
taught. 



(7) 



Definitions 

Academy means an incorporated institution for instruction 
in higher branches of education, but not authorized to confer 
degrees, and such high schools, academic departments in union 
schools and similar unincorporated schools as are admitted by 
the regents to the university as of academic grades. 

College includes universities and other institutions for higher 
education authorized to confer degrees. 

University means university of the state of New York. 

Regents means board of regents of the university of the state 
of New York. 

Commissioner means commissioner of education. 

School commissioner means the local officer provided for on 
page 381. 

Higher education means education in advance of common 
elementary branches, and includes the work of academies, col- 
leges, universities, professional and technical schools, and 
educational work connected with libraries, museums, university 
extension courses and similar agencies. 

The term "trustees," ivhen not used in reference to a school 
district, includes directors, managers or other similar members 
of the governing board of an educational institution. 

The term "persons in parental relation" to a child, includes 
the parents, guardians or other persons, whether one or more, 
lawfiilly having the care, custody or control of such child. 

The term "school authorities" means the trustees, or board 
of education, or corresponding officers, whether one or more, 
and by whatever name knoivn, of a city, iinion free school dis- 
trict, common school district, or school district created by special 
law. (2) 

(8) 



CHAPTER I 
The School District 

The provisions in the first twenty-three chapters apply to common 
school districts. For union school districts there are also special provis- 
ions, as given in Chapter XXIV. For separate neighborhoods see page 12. 

The unit of school control in the state of New 
York is the school district. 

All neighboring states have adopted the township system, 
by which all the schools in a town are under one management, 
but New York has adhered to local control. St. Lawrence 
county has a permissive law for a system of town manage- 
ment (277-80), and there are some other towns in which the 
township system prevails under special laws. 

The town is divided into districts by the school 
commissioner. (20) 

In conjunction with the commissioners of adjoining school 
commissioner districts, he sets off joint districts, composed 
of adjoining parts of their respective districts, and he insti- 
tutes proceedings to alter the same in respect to the territory 
within his own district. (20) 

He describes and numbers the school districts, and joint 
districts, and delivers in writing to the town clerk the des- 
cription and number of each district lying in whole or in part 
in his town, together with all notices, consents and proceedings 
relating to the formation or alteration thereof, immediately 
after such formation or alteration. (20) 

(9) 



10 The School District [Part I 

Every joint district must bear the same number in every school com- 
missioner district of whose territory it is in pa.'t composed. (20) 

Whenever it may become necessary or converient to form a school 
district out of parcels of two or more school commissioner districts, the 
school commissioners of such districts, or a majority of them, may form 
a joint district; and the school commissioners within whose districts any 
such school district lies, or a majority of them, may alter or dissolve it. (21) 

If a school commissioner, by notice in writing requires the attendance 
of the other school commissioners at a joint meeting for the purpose of 
altering or dissolving such a joint district, and a majority of all the com- 
missioners refuse or neglect to attend, such commissioners attending, or 
any of them, may call a special meeting of such school district for the 
purpose of deciding whether such district shall be dissolved; and its decision 
of that question is as valid as though made by such commissioners. (22) 

With the written consent of the trustees of all the districts 
to be affected thereby, the school commissioner may, by 
order, alter any school district within his jurisdiction, and fix, 
by said order, a day when the alteration shall take effect. (23) 

No district may be altered that has any outstanding indebtedness. 
(D 4363, 4381.) 

If the trustees of any such district refuse to consent, he may make 
and file with the town clerk his order making the change; but directing 
that it shall not take effect till a specified day not less thna 3 months after 
giving notice to the trustees as given below. (24) 

Within 10 days after filing such order, he must give to one or more of 
the assenting and the dissenting trustees of any district affected by the 
change, at least a week's notice in writing, that at a named time and place 
within the town, he will hear the objections to the alteration. The trustees 
of any such district may request the supervisor and town clerk to be associ- 
ated with the commissioner; the decision made, whether the order directing 
the change shall be confirmed or annulled, is final, unless duly appealed 
from. A tie vote is regarded a decision for the purposes of an appeal on 
the merits. Upon such appeal the commissioner of education may affirm, 
modify or vacate the order of the school commissioner or the action of the 
local board. (245) 

The supervisor and the town clerk are each entitled to ?1.60 per day for 
their services, to be levied as a charge upon the town. (37) 

Whenever one or more common school districts adjoin 
any union free school district whose limits do not correspond 
with those of an incorporated village or city, upon the written 
consent of the trustees of all the districts to be affected, the 
school commissioner may dissolve such common school dis- 



District] Alteration and Dissolution 11 

tricts and annex the territory ot such districts so dissolved 
to such union free school districts, and may alter any union 
free school district whose limits do not correspond with those 
of any incorporated village or city, in the manner provided 
by this article, but no such district shall be divided, upon 
which there is an outstanding bonded indebtedness. (26) 

Any school commissioner may dissolve one or more dis- 
tricts, and may from such territory form a new district; 
he may also unite such territory or a portion thereof to any 
existing adjoining common or union free school district. (27) 

Though a district be dissolved, it continues to exist in law, for the 
purpose ot providing for and paying all its just debts; and to that end the 
trustees and other officers continue in office, and the inhabitants may hold 
special meetings, elect officers to supply vacancies and vote taxes; and all 
other acts necessary to raise money and pay such debts shall be done by 
the inhabitants and officers of the district. (32) 

The school commissioner, or a majority of stjch commis- 
sioners in whose districts a dissolved school district was 
situated, must by his or their order in writing, deliver to the 
clerk of the district, or to any person in whose possession 
the books, papers and records of the district, or any of them, 
may be, direct such clerk or other person to deposit the same 
in the clerk's office in the town in the order named. Such 
clerk or other person, by neglect or refusal to obey the order, 
forfeits $50, to be applied to the benefit of the common schools 
of said town. Such commissioners shall file a duplicate of 
the order with such clerk. (33) 

When two or more districts are consolidated into one, the new district 
succeeds to all the rights of property possessed by the annulled districts. (31) 

When a district is parted into portions, which are annexed to other 
districts, its property must be sold by the supervisor of the town, within 
which its school-house is situated, at a public auction, after at least 5 days' 
notice, by notice posted in 3 or more public places of the town in which the 
school-house is situated, one of which must be posted in the district so 
dissolved. The supervisor, after deducting the expenses of the sale, must 
apply its proceeds to the payment of the debts of the district, and apportion 
the residue, if any. among the owners or possessors of taxable property in 
the district in ratio of their several assessments on the last corrected assess- 
ment-roll of the towns, and pay it over accordingly. (35) 



12 The School District [Part I 

The supervisor of the town within which the school-huose of the dis- 
solved district was situated may demand, sue for and collect, in his name 
of office, any mocej of the district outstanding in the hands of any of its 
former officers, or any other person; and, after deducting his costs and 
expenses, must report the balance to the school commissioner, who must 
portion the same equitably among the districts to which the parts of the 
dissolved districts were annexed, to be by them applied as their district 
meeting shall determine (36) 

As districts which for the conveaience of the 
children embrace parts of two or more towns are 
called joint districts, so districts where the children 
can be more conveniently instructed in a school sit- 
uated in another state are called separate neighbor- 
hoods. 

Each school commissioner in respect to the terri- 
tory within his district has power, with the approval 
of the commissioner of education, to set off by itself 
any neighborhood adjoining any state of the union, 
where it shall be found most convenient for the in- 
habitants to send their children to a school in such 
adjoining state, and to deliver to the town clerk of 
the town in which it lies, in whole or in part, a des- 
cription of each such separate neighborhood. He 
must also prepare a notice, describing such neighbor- 
hood, and appointing a time and place for the first 
neighborhood meeting, and deliver such notice to a 
taxable inhabitant of such neighborhood. (60) 

It is the duty of such inhabitant to notify every other 
inhabitant of the neighborhood, quahfied to vote at the 
meeting, by reading the notice in his hearing, or, in case of 
his absence from home, by leaving a copy thereof, or so much 
thereof as relates to the time, place and object of the meeting, 



District] School Neighborhoods 13 

at the place of his abode, at least 6 days before the time of 
the meeting. In case such meeting is held, and in the opinion 
of the school commissioner it is necessary to hold such meeting 
before the time herein fixed for the first annual meeting, he 
must deliver another such notice to a taxable inhabitant of 
the neighborhood, who must serve it as hereinbefore pro- 
vided. (60) 

The annual meeting of each neighborhood is held 
on the first Tuesday of August in each year. (61) 

The hour and place are to be those fixed by the last 
previous neighborhood meeting; or, if such hour and place 
has not been so fixed, then at the hour and place of such 
last meeting; or, if such place be no longer accessible, then 
at such other place as the trustee, or, if there be no trustee, 
the clerk, may in the notices designate. The proceedings 
of no neighborhood meeting, annual or special, will be held 
illegal for want of a due notice to all the persons qualified 
to vote thereat, unless it appears that the omission to give 
such notice was wilful and fraudulent. (61) 

The inhabitants of any neighborhood, entitled to 
vote, when assembled in any annual meeting or any 
special meeting called by the commissioner as above 
provided, have power, by a majority vote of those 
present to appoint a chairman for the time being, 
and to choose a neighborhood clerk and one trustee, 
and to fill vacancies in office. (61) 

The provisions in regard to district meetings apply to and 
govern such meeting, so far as the same can in substance be 
applied to the proceedings; and the provisions for district 



14 The School District [Part I 

officers apply to and govern the officers of such neighborhood, 
so far as the same can in substance be applied thereto. (61) 



CHAPTER II 

The District Meeting 

Whenever a new school district is formed, the 
school commissioner or any one or more of such 
commissioners within whose districts it may be, 
must prepare a notice describing such district, and 
appointing a time and place for the first district 
meeting, and deliver such notice to a taxable inhab- 
itant of the district. (80) 

It is the duty of such inhabitant to notify every 
other inhabitant of the district qualified to vote at 
the meeting, by reading the notice in his hearing, or 
in case of his absence from home, by leaving a copy 
thereof, or so much thereof as relates to the time, 
place and object of the meeting, at the place of his 
abode, at least 6 days before the time of the meet- 
ing. (81) 

In case such meeting is held, and in the opinion of the 
school commissioner it is necessary to hold such meeting 
before the time herein fixed for the first annual meeting, he 
must deliver another such notice to a taxable inhabitant of 
the district, who must serve it as provided above. (82) 

The district clerk of each common school 
district must give notice of the time and place of the 
annual meeting by posting 5 notices of such meeting 

(15) 



16 The District Meeting [Part I 

in 5 conspicuous places in the district 5 days previous 
to the date of such meeting. One of such notices 
must be posted on the front door of the school- 
house. (83) 

The annual meeting of each school district shall 
be held on the 1st Tuesday of August in each year. 
(84) 

Unless the hour and place have been fixed by a vote of a 
previous district meeting, the same must be held in the school- 
house at 7:30 p.m.. If a district possesses more than one 
school-house, it must be held in the one usually employed for 
that purpose, unless the trustees designate another. If the 
district possesses no school-house, or if the school-house 
shall be no longer accessible, then the annual meeting inust be 
held at such place as the trustees, or, if there be no trustee, 
the clerk, shall designate in the notice. (84) 

Whenever the time for holding the annual meeting 
in school districts passes without such meeting being 
held in any district, a special meeting must thereafter 
be called by the trustees or by the clerk of such 
district for the purpose of transacting the business 
of the annual meeting. (85. See 195) 

If no such meeting be called by the trustees or the clerk 
within 20 days after such time, the school commissioner of 
the commissioner district in which said school district is 
situated or the commissioner of education may order any 
inhabitant of such district to give notice of such meeting, 
and the officers of the district must make to such meeting 
the reports required to be made at the annual meeting, sub- 
ject to the same penalty in case of neglect; and the officers 
elected at such meeting will hold their respective offices only 
until the next annual meeting and until their successors are 
elected and have qualified. (85. See 81, 195.) 



District] Special Meetings 17 

A special district meeting must be held whenever 
called by the trustees. The notice thereof must 
state the purposes for which it is called, and no 
business may be transacted at such special meeting, 
except that which is specified in the notice. (86. 
See 195) 

The district clerk, or, if the office be vacant, or the clerk 
be sick or absent, or refuses to act, a trustee, or some taxable 
inhabitant, by order of the trustees, must serve the notice 
upon each inhabitant of the district qxialified to vote at dis- 
trict meetings, at least 5 days before the day of the meeting, 
in the manner prescribed. But the inhabitants of any 
district may, at any annual meeting, adopt a resolution 
prescribing some other mode of giving notice of special 
meetings, which resolution and the mode prescribed thereby 
will continue in force until rescinded or modified at some sub- 
sequent annual meeting. (81, 86) 

At the annual meeting, the usual order ot business is the 
presentation of the annual reports of trustees, collector, and 
treasurer. The trustees then present statement of the 
money needed for teachers' wages, fuel, repairs, insurance, 
furniture, library, etc. and the meeting takes action upon it. 
This should precede election. — Superintendent''! Circular of 
Information, July 5, 1894; 407)- 

When the clerk and all the trustees of a school district 
have removed from the district, or their office be vacant, so 
that a special meeting can not be called, as hereinbefore 
provided, the school commissioner may in like manner give 
notice of, and call a special district meeting. (89) 

The proceedings of a district meeting, annual or special, 
will not be held illegal for want of a due notice to all the 
persons qualified to vote thereat, unless it appear that the 
omission to give such notice was wilful and fraudulent. (90) 

The proceedings of any meeting may be set aside where the 
proceedings were so turbulent and disorderly as to prevent a 
fair expression of opinion {.589), or where records of the 



18 The District Meeting [Part I 

meeting were not properly kept {59 1)- But the meeting is 
not bound by strict parliamentary rules, and makes its own. 
{573) 

If it is impossible to transact the business of the meeting 
through noise and disorder, the chairman may adjourn it, 
after which the powers of the meeting are exhausted. (D 
4504) 

Every taxable inhabitant, to whom a notice of any 
district meeting is delivered for services pursuant to any 
provisions of this article, who refuses or neglects to serve 
the same, as hereinbefore prescribed, forfeits $5 for the bene- 
fit of the district. (91) 

Whenever any district meeting is duly called, it 
is the duty of the inhabitants qualified to vote thereat, 
to assemble at the time and place fixed for the meet- 
ing. (92) 

A person who, without aiithority of law, wilfullj' dis- 
turbs any assembly or meeting not unlawful in its character, 
is guilty of a misdemeanor. (88: 1909, ^ 1470) 

Any person is qualified to vote at any school meet- 
ing for the election of school district officers, and 
upon all other matters which may be brought before 
such meeting who is: 

1. A citizen of the United States. 

2. 21 years of age. 

3. A resident within the district for a period of 
30 days next preceding the meeting at which he offers to 
vote; and who in addition thereto possesses one of the 
following four qualifications : 

a. Owns or hires, or is in the possession under a 
contract of purchase of real property in such district 
liable to taxation for school purposes, or 

b. Is the parent of a child of school age, provided 



District] Qualifications of Voters 19 

such child has attended the district school in the district 
in which the meeting is held for a period of at least 8 
weeks within the school year preceding such school 
meeting, or 

c. Not being the parent has permanently residing 
with him a child of school age who has attended the dis- 
trict school for a period of at least 8 weeks within the 
school year preceding such meeting, or 

d. Owns any personal property, assessed on the 
last preceding assessment roll of the town, exceeding 
$50 in value, exclusive of such as is exempt from exe- 
cution. 

The voter must have all the qualifications (1), (2), (3), 
and one of the quahfications (a), (b), (c), (d). An ahen is 
no longer permitted to vote. (D 4498) 

Under (b) both father and mother are entitled to vote. 

Under (c) only one person, the head of the household, is 
entitled to vote. Therefore where the husband and wife 
residing together have such a child residing with them, the 
wife is not on that account entitled to vote. 

Under (a) a man does not become eligible through real 
estate owned by his wife (79 1). (60 Neb 353; 83 N W 
85) 

No person is ineligible to vote at any district meeting or 
to serve as any school officer, by reason of sex, who has the 
qualifications required by law. (93: 79 1) 

Woman school suffrage is now common. (15 Neb 4i, 
19 N W 682, etc.) 

If any person offering to vote at any school district meet- 
ing is challenged as unqualified, by any legal voter in such 
district, the chairman presiding at such meeting must require 
the person so offering, to make the following declaration: 
"I do declare and affirm that I am, and have been, for the 30 
days last past, an actual resident of this school district and 
that I am qualified to vote at this meeting." And every 



20 . The District Meeting [Part I 

person making such declaration inust be permitted to vote 
on all questions proposed at such meeting; but if any 
person refuses to make such declaration, his vote must be 
rejected. (94) 

Any person who wilfully makes a false declaration of his 
right to vote at any such school meeting, after his right to 
vote thereat has been challenged, is deemed guilty of a mis- 
demeanor. And any person not qualified to vote at any such 
meeting, who votes thereat, thereby forfeits $10, to be sued 
for by the supervisor for the benefit of the common schools 
of the town. (95) 

No person present at a school meeting and believing that 
any person there votes illegally, and permitting such person 
so to vote, will be allowed to appeal to the education depart- 
ment against the proceedings of such meeting, nor will the 
proceedings be vitiated unless the result would have been 
changed by excluding the illegal votes. 

On all propositions arising at said meetings involv- 
ing the expenditure of money, or authorizing the levy 
of a tax in one sum or by instalments, the vote thereon 
must be by ballot, or ascertained by taking and record- 
ing the ayes and noes of such qualified voters attend- 
ing and voting at such meeting, and they may 
direct the moneys so voted to be levied in one sum, 
or by instalments. (97,127) 

The inhabitants entitled to vote, when duly assem- 
bled at any district meeting, have power by a major- 
ity vote of those present : 

It requires a majority vote to elect; that is the candidate 
must receive more votes than all the other candidates together 
{517, 524) 

1. To appoint a chairman. (96) 

2. // the district clerk be absent to appoint a clerk 
for the time. (96) 



District] Powers 21 

3. To adjourn from time to time as occasion may 
require. (96) 

4. To elect one or three trustees, a district clerk and 
a district collector, at their first meeting, and so often 
as such offices or any of them become vacated, except as 
hereinafter provided. (96, 145, 174) 

5. At the first meeting or at any subsequent annual 
meeting, or at any special meeting duly called for that 
p7irpose, the qualified voters of any school district are 
authorized to adopt by a vote of a majority of such 
voters present and voting, to be ascertained by taking 
and recording the ayes and noes, a resolution to elect a 
treasurer of said district, who is the custodian of all 
moneys. (96) 

If such resolution shall be adopted, such voters must 
thereupon elect by ballot a treasurer for said district. Any 
person elected treasurer at any meeting other than an annual 
meeting, holds ofifice until the next annual meeting after such 
election, and until his successor is elected or appointed, and 
thereafter a treasurer must be elected at each annual meeting 
for the term of one year. (96) 

It may also accept the resignation of district 
officers. (148) See page 42. 

6. To fix the amount in which the collector and 
treasurer shall give bonds for the due and faithful 
performance of the duties of their offices. (96 j 

7. To designate a site for a school-house, or, with 
the consent of the school commissioner within whose 
district the school district lies, to designate sites for two 
or more school-houses for the district. (96) 

Such designation of a site for a school-house may be 
made only at a special meeting of the district, duly called for 



22 The District Meeting [Part I 

such purpose by a written resolution in which the proposed 
site is described by metes and bounds, and the resolution 
must receive the assent of a majority of the qualified voters 
present and voting, to be ascertained by taking and recording 
the ayes and noes. (96,119) 

The district is not limited as to the amount it may pay for 
a site (e^i") 

The district must purchase a site. A perpetual lease will 
not be permitted. {f;50, 685) ■ 

Traffic in liquor is not permitted in any building, yard, 
booth, or other place which is on the same street or avenue 
or within 200 feet of a building occupied exclusively as a 
school-house; the measurements to be taken in a straight 
line from the center of the nearest entrance of the building 
used for such school to the centre of the nearest entrance of 
the place in which such liquor traffic is desired to be carried 
on. (39:1909) 

So long as a district remains unaltered, the site of a school- 
house owned by it, upon which there is a school-house erected 
or in process of erection, may not be changed, nor such school- 
house be removed, unless by the consent, in writing, of the 
school commissioner having jurisdiction; nor with such 
consent, unless a majority of all the legal voters of said 
district present and voting, to be ascertained by taking and 
recording the ayes and noes, at a special meeting called for 
that purpose, adopt a written resolution designating such new 
site, and describing such new site by metes and bounds. (118) 

Whenever the site of a school-house has been changed, the 
district meeting has power, by a majority of the votes of 
those present, to direct the sale of the former site or lot, and 
the buildings thereon and appurtenances or any part thereof, 
at such price and upon such terms as they deem proper ; and 
any deed duly executed by the trustees of such district, or a 
majority of them, in pursuance of such direction, is valid 
and effectual to pass all the estate or interst of such school 
district in the premises. (120, 229) 



District] Schoolhouse Sites 23 

When a credit is directed to be given upon such sale for the consideration 
money, or any part thereof, the trustees are authorized to take in their 
corporate name such security by bond and mortgage, or otherwise, for the 
payment thereof, as they deem best, and are to hold the same as a corpora- 
tion, and account therefor to their successors in office and to the district, 
in the manner they are now required by law to account for moneys received 
by them; and the trustees of any such district for the time being may, in 
their name of office, sue for and recover the moneys due and unpaid upon 
any security so taken by them or their predecessors. (120) 

All moneys arising from any sale thus made must be applied 
to the expenses incurred in procuring a new site, and in remov- 
ing or erecting thereon a school-house, and improving and 
furnishing such site and house, and their appurtenances, so 
far as such application is necessary; and the surplus, if any, 
must be devoted to the purchase of school apparatus and the 
support of the school, as the inhabitants at any annual meeting 
shall direct. (121) 

Land for the site of a school-house in any school 
district or additional land adjoining to and for the en- 
largement of an established site in any school dis- 
trict, may be acquired by condemnation in cases where 
the owners thereof, or some of them, will not consent 
to sell the same for such purpose, or the trustees or 
board of education of the district can not agree with 
such owners or some of them, upon the price or value 
thereof, as real property for public use is taken under 
and pursuant to the laws of the state. (122) 

The trustees or board of education of any such school 
district are authorized and empowered to institute, carry on 
and complete the proceedings necessary for acquiring said 
land, and the title thereto, for and on behalf of such district. 
The method of procedure to acquire such land is that pre- 
scribed for the condemnation of real property for public use 
in title 1 of chapter 2-3 of the code of civil procedure, and 
any amendments thereof, entitled " proceedings for the 
condemnation of real property", and known as the "condem- 
nation law". (122) 



24 The District Meeting [Part I 

But this does not apply to cities of more than 30,000 inhabitants, nor 
is it lawful under this section to acquire title less than the whole of any city 
or village lot. with the erections thereon, if any, without the consent of 
such owners; nor beyond the corporate limits of cities, to any fsarden or 
orchard, or any part thereof, nor to any part of any yard or inclosure 
necessary to the use and enjoyment of buildings, or any fixtures or erections 
for the purposes of trade or manufactures, without the consent of the 
owners thereof. (123) 

8. To vote a tax upon the taxable property of the 
district to purchase, lease and improve such sites or an 
addition to such sites; to hire or purchase rooms or 
buildings for school-rooms or school-houses, or to build 
school-houses; and to keep in repair and furnish the 
same with necessary fuel, furniture and appurtenanres. 
(96, 126) 

The district may vote to build a new .schoolhouse without waiting for 
the commissioner to condemn the old one. (D 4337) 

A school commissioner may by an order under his 
hand, reciting the reason, condemn a school-house, if 
he deems it wholly unfit for use and not worth repair- 
ing, and deliver the order to the trustees, or to one of 
them, and transmit a copy to the commissioner of 
education. Such order, if no time for its taking effect 
be stated in it, takes effect immediately. He must 
state therein what sum will, in his opinion, be necessa- 
ry to erect a school-house capable of accommodating 
the children of the district. (1 15) 

Immediately upon the receipt of said order, the 
trustees of such district must call a special meeting 
of the inhabitants of said district, for the purpose of 
considering the question of building a school-house 
thereon. Such meeting has power to determine the 
size of said school-house, the material to be used in 
its erection, and to vote a tax to build the same. But 



District] New School-houses 25 

such meeting has no power to reduce the estimate 
made by the commissioner aforesaid by more than 
25% of such estimate. (115) 

Where no tax for building such house has been 
voted by such district within 30 days from the time of 
holding the first meeting to consider the question, it 
is the duty of the trustees of such district to contract 
for the building of a school-house capable of accom- 
modating the children of the district, and to levy a 
tax to pay for the same, which tax shall not exceed the 
sum estimated as necessary by the commissioner 
aforesaid, and which shall not be less than such es- 
timated sum by more than 25% thereof. But such 
estimated sum may be increased by a vote of the 
inhab itants at any school meeting subsequently called 
and held according to law. (115) 

No school-house may be built so as to stand on the 
division line of any two towns. (110) 

No school-house may be erected in any city of the 
3rd class or in any incorporated village or school 
district, and no addition to a school building in any 
such place may hereafter be erected, the cost of which 
shall exceed S500, or tax levied for the same, until 
the plans and specifications for the same have been 
submitted to the commissioner of education and his 
approval indorsed thereon. Such plans and specifica- 
tions must show in detail the ventilation, heating and 
lighting of such buildings. (Ill) 

Such plans must provide at least 15 square feet of 
floor space and 200 cubic feet of air space for each 



26 The District Meeting [Part I 

pupil to be accommodated in each study or recitation 
room therein, and provision made for assuring at 
least 30 cubic leet of pure air every minute per pupil, 
and the facilities for exhausting the foul or vitiated air 
therein must be positive and independent of atmos- 
pheric changes . (116) 

Such school-houses must also have all halls, doors, 
stairways, seats, passage-ways and aisles and all 
lighting and heating appliances and apparatus ar- 
ranged to facilitate egress in cases of fire or accident 
and to afford the requisite and proper accommodations 
for public protection in such cases. All exit doors 
must open outwardly, and, must, if double doors be 
used, be fastened with movable bolts operated simul- 
taneously by one handle from the inner face of the 
door. No staircase may be constructed with wider 
steps in lieuof a platform, but must be constructed with 
straight runs, changes in direction being made from 
platforms. No door may open immediately upon a 
flight of stairs, but a landing at least the width of 
the door must be provided between such stairs and 
such doorway. (Ill) 

All school buildings in the state, other than in the 
city of New York, which are more than 2 stories 
high, must have properly constructed stairways on the 
outside thereof, with suitable doorways leading there- 
to, from each story above the first, for use in case of 
fire. Such stairways must be kept in good order and 
free from obstruction. (112) 



District] Public Libraries 27 

It is the duty of the trustee or board of education having 
charge of said school buildings to cause such stairways to be 
constructed and maintained, and the reasonable and proper 
cost thereof are a legal charge upon the district or city, and 
must be raised by tax, as other moneys are raised for school 
purposes. (112) 

8a. To vote such taxes as they deem expedient for 
making additions, alterations or improvements to or 
in the sites or structures belonging to the district, or 
for the purchase of other sites or structures, or for a 
change of sites, or for the erection of new buildings, 
or for buying apparatus, or fixtures, or for paying the 
wages of teachers and the necessary expenses of the 
school, or for such other purpose relating to the sup- 
port and welfare of the school as they may, by reso- 
lution, approve. (126) 

9. To vote a tax, not exceeding $25 in any one year, 
for the purchase of maps, globes, blackboards and other 
school apparatus, and for the purchase of text-books and 
other school necessaries for the use of poor scholars in 
the district. (96, 126) 

This section does not authorize the adoption of free text-books. (229) 
It has been held in Illinois that in the absence of a constitutional provision 
or of a statute giving authority, no board of education may expend money 
to buy books to give or to loan to children. (Kill vs. Harris, Cook county 
C. C. Nov. 23, 1901). See page 39. 

10. To vote a tax for the establishment of a school 
library and the maintenance thereof, or for the support 
of any school library already owned by said district, 
and for the purchase of books therefor, and such sum as 
they may deem necessary for the purchase of a book- 
case. (96, 126, 1047) 

By majority vote at any election, any city, village, 



28 The District Meeting [Part I 

town, school district, or other body authorized to 
levy and collect taxes, or by vote of its common coun- 
cil, or by action of a board of estimate and appor- 
tionment or other proper authority, any city, or by 
vote of its trustees, any village, may establish and main- 
tain a free public library, with or without branches, 
either by itself or in connection with any other body 
authorized to maintain such library. (1028, 1047) 

Whenever 25 taxpayers so petition, the question of provid- 
ing library facilities must be voted on at the next election 
or meeting at which taxes may be voted, provided that due 
public notice shall have been given of the proposed action. 
A municipality or district named in this section may raise 
money by tax to establish and maintain a public library or 
libraries, or to provide a building or rooms for its or their 
use, or to share the cost as agreed with other municipal or 
district bodies, or to pay for library privileges under a con- 
tract therefor. It may also acquire real or personal property 
for library purposes by gift, grant, devise or condemnation, 
and may take, buy, sell, hold and transfer either real or per- 
sonal property and administer the same for public library 
purposes. (1028) 

By majority vote at any election any municipality or dis- 
trict or by three-fourths vote of its council, any city, or any 
public library in the university, or any designated branch 
thereof, if so authorized by such vote of a municipality, 
district, or council, or any combination of such voting bodies, 
may accept gifts, grants, devises or bequests for public 
library purposes on condition that a specified annual appro- 
priation shall thereafter be made, by the municipality or 
district or -combination so authorizing such acceptance for 
maintenance of such library or branches thereof. (1029, 
1047) 

Such acceptance, when approved by the regents of the 
university, and in a school not subject to their visitation 



District] Public Libraries 29 

when approved by the commissioner of education, is a 
binding contract, and such municipahty and district must 
levy and collect yearly the amount provided in the manner 
prescribed for other taxes, and must maintain any so accepted 
gift, grant, devise or bequest, intact and make good any 
impairment thereof. (1029) 

By similar vote money may be granted towards the 
support of libraries not owned by the public but maintained 
for its welfare and free use; provided, that such libraries 
shall be subject to the inspection of the regents and regis- 
tered by them as maintaining a proper standard, that the 
regents shall certify what number of the books circulated 
are of such a character as to merit a grant of public money, 
and that the amoimt granted yearly to libraries on the basis 
of circulation shall not exceed 10 cts. for each volume of 
the circulation thus certified by the regents. (1030) 

Taxes, in addition to those otherwise authorized, 
may be voted for any purpose specified above, and 
must, unless otherwise directed by such vote, be con- 
sidered as annual appropriations therefor till changed 
by further vote, and are to be levied and collected 
yearly, or as directed, as are other general taxes. 
(1032) 

All money received from taxes or other sources for such 
library must be kept as a separate library fund and expended 
only under direction of the library trustees on properly 
authenticated vouchers. (1032) 

Free public libraries established by action of the voters 
or their representatives must be managed by trustees who 
have all the powers of trustees of other educational insti- 
tutions of the university ; provided, unless otherwise specified 
in the charter, that the number of trustees be 5; that they 
be elected by the legal voters, except that in cities they must 
be appointed by the mayor with the consent of the common 



30 The District Meeting [Part I 

council, from citizens of recognized fitness for such position: 
that the first trustees determine by lot whose term of office 
shall expire each year and that a new trustee shall be elected 
or appointed annually to serve for 5 years. (1033) 

Within one month after taking office, the board or trustees 
of any such free public library must apply to the regents for 
a charter in accordance with the vote establishing the library. 
(1034) 

Every library thus established must be forever free 
to the inhabitants of the locality which establishes 
it, subject always to rules of the library trustees, who 
have authority to exclude any person who wilfully 
violates such rules ; and the trustees may, under such 
conditions as they think expedient, extend the privi- 
leges of the library to persons living outside such 
locality. (1035) 

Every library or museum which receives state aid or 
any exemption from taxation or other privilege not usually 
accorded to business corporations must make the report 
required by the regents, and such report relieves the insti- 
tution from making any report now required by statute or 
charter to be made to the legislature, or to any department, 
court or other authority of the state. These reports are to 
be summarized and transmitted to the legislature by the 
regents with the annual reports of the state library and 
state museum. (1036, 1096) 

Whoever intentionally injures, defaces or destroys 
any property belonging to or deposited in any incor- 
porated library, reading-room, museum or other 
educational institution, shall be punished by imprison- 
ment in a state prison for not more than 3 years, or 
in a county jail for not more than 1 year, or by a fine 
of not more than $500, or by both fine and imprison- 
ment. (1037) 



District] Public Libraries 31 

Whoever wilfully detains any book, newspaper, 
magazine, pamphlet, manuscript or other property 
belonging to any public or incorporated library, 
reading-room, museum or other educational institu- 
tion, for 30 days after notice in writing to return the 
same, given after the expiration of the time which by 
the rules ot such institution, such article or other 
property may be kept, must be punished by a fine of 
not less than $1 nor more than $25, or by imprison- 
ment in the jail not exceeding 6 months, and the said 
notice must bear on its face a copy of this section. 
(1038) 

Any corporation, association, school district or combination 
of districts may, by legal vote duly approved by the regents, 
transfer, conditionally, or otherwise, the ownership and con- 
trol of its library, with all its appurtenances, to any munici- 
pality, or district, or public library in the university, or any 
designated branch thereof, and thereafter such transferee 
shall be entitled to receive any money, books or other proper- 
ty from the state or other sources, to which the transferring 
body would have been entitled but for such transfer, and the 
trustees or body making the transfer shall thereafter be 
relieved of all responsibility pertaining to property thus 
transferred. (1029, 1039) 

If the local authorities of any library supported 
wholly or in part by state money, fail to provide for 
the safety and public usefulness of its books, the 
regents must in writing notify the trustees of said 
library which is necessary to meet the state's require- 
ments, and on such notice all its rights to further 
grants of money or books from the state are suspended 
until the regents certify that the requirements have 
been met. (1040) 



32 The District Meeting [Part I 

If said trustees shall refuse or neglect to comply with such 
requirements within 60 days after service of such notice, 
the regents may remove them from office and thereafter all 
books and other library property wholly or in part paid for 
from state money are under the full and direct control of the 
regents who, as shall seem best for public interests, may ap- 
point new trustees to carry on the library, or may store it, or 
distribute its books to other libraries. (1040) 

Under such rules as the regents may prescribe, they 
may lend from the state Hbrary, dupHcate department, 
or from books specially given or bought for this pur- 
pose, selections of books for a limited time to any 
public library in this state under visitation of the 
regents, or to any community not yet having estab- 
lished such library, but which has conformed to the 
conditions required for such loans. (1041) 

The trustees or librarian or any citizen interested in any 
public library in this state are entitled to ask from the officers 
of the state library any needed advice or instruction as to a 
library building, furniture and equipment, government and 
service, rules for readers, selecting, buying, cataloguing, 
shelving, lending books, or any other matter pertaining to 
the establishment, reorganization or administration of a 
public library. The regents may provide for giving such 
advice and instruction either personally or through printed 
matter and correspondence, either by the state library staff 
or by a library commission of competent experts appointed 
by the regents to serve without salary. The regents may, 
on request, select or buy books, or furnish them instead of 
money apportioned, or may make exchanges and loans 
through the duplicate department of the state library. 
(1041) 

Such assistance is free to residents of the state as far as practicable, 
but the regents may, in their discretion, charge a proper fee to nonresidents 
or for assistance of a personal nature or for other reason not properly an 
expense to the state, but which may be authorized for the accommodation 
of users of the library. (1042) 



District] Public Libraries 33 

Such sum as has been appropriated by the legis- 
lature as public library money is paid annually by the 
treasurer, on the warrant of the comptroller, from the 
income of the United States deposit fund, according 
to an apportionment made for the benefit of free 
libraries by the regents. (1043) 

None of this money may be spent for books except those 
approved or selected and furnished by the regents; no local- 
ity may share in the apportionment unless it raises and uses 
for the same purpose not less than an equal amount from 
taxation or other local sources; for any part of the ap- 
portionment not payable directly to the library trustees the 
regents file with the comptroller proper vouchers showing 
that it has been spent in accordance with law exclusively for 
books for free libraries or for proper expenses incurred for 
their benefit; and books paid for by the state are subject to 
return to the regents whenever the library neglects or ref u ses 
to conform to the ordinances under which it secured them. 
(1043) 

Any library thus established by public vote or 
action of school authorities may be abolished only by 
a majority vote at a regular annual election, ratified 
by a majority vote at the next annual election. (1044) 

If any such library is abolished its property shall be used 
first to return to the regents, for the benefit of other public 
libraries in that locality, the equivalent of such sums as it 
may have received from the state or from other sources as 
gifts for public use. After such return any remaining proper- 
ty may be used as directed in the vote abolishing the library, 
but if the entire library property does not exceed in value the 
amount of such gifts it may be transferred to the regents for 
public use, and the trustees are thereupon free from further 
responsibility. No abolition of a public library is lawful 
till the regents grant a certificate that its assets have been 
properly distributed and its abolition completed in accord- 
ance with law. ( 1044) 



34 The District Meeting [Part I 

The school library is a part of the school equipment 
and must be kept in the school building at all times, 
and not be used as a circulating library, except that, 
so far as the rules fixed by the commissioner of 
education allow, teachers and school officers or 
pupils, with the leave of the librarian, may borrow 
from said library any book not needed for reference in 
the school-room; but such persons shall not borrow 
more than 1 volume at a time and shall not keep the 
same more than 2 weeks. (1045) 

The board of education or trustees must appoint a 
teacher of the schools under their charge as librarian, 
who, with the trustees, is responsible for the safety 
and proper care of the books, and must annually, and 
whenever required, make such reports concerning the 
library as the commissioner of education may direct. 
(1045) 

Any board of education in any city or union free 
school district, or any duly constituted meeting in 
any other district, is authorized to give any or all of 
its books or other library property to any township or 
other free public library under state supervision, or 
to aid in establishing such free public library, provided 
it is free to the people of such city or district. (1048) 

A receipt from the officers of the said free public library, 
and an approval of the transfer under seal by the regents of 
the university, forever relieves the said school authorities of 
further responsibility for ,he said library and property so 
transferred. (1048) 

Any books or other library property belonging to any 
district library, and which have not been in direct charge of 
a librarian duly appointed within one year, may be taken and 



District] The School Library 35 

thereafter be owned by any public library under state super- 
vision, which has received from the regents of the university 
written permission to collect such books or library property, 
and to administer the same for the benefit of the public; 
provided, that said books or other library property be found 
in the territory for which such public library is maintained, 
as defined in its charter or in the permission granted by the 
regents; and further provided, that, on written request of 
the school authorities, any dictionaries, cyclopedias and 
pedagogic books be placed in the school library of the dis- 
trict to which such books originally belong. (1049) 

The public may not be entitled to use any library in 
the custody of the school authorities, but said author- 
ities may appoint 3 trustees who have the powers 
duties and responsibilities of trustees of public li- 
braries incorporated by the regents, and thereafter 
the school authorities may transfer to the custody of 
said trustees for the purposes of a circulating library 
any of their library property. (1048, 1050) 

The commissioner of education is authorized to 
v/ithhold its share of public school moneys from any 
city or district which uses school library moneys for 
any other purpose than that for which they are pro- 
vided, or for any wilful neglect or disobedience of the 
law or the rules or orders of said commissioner in the 
premises. (1051) 

11. To vote a tax to supply a deficiency in any 
former tax arising frotn such tax being, in whole or in 
part, uncollectable . (96) 

12. To authorize the trustees to cause the school- 
houses, and their furniture, appurtenances atid school 
apparatus to be insured. (96) 



36 The District Meeting [Part I 

This must be in some insurance company created by or 
under the laws of this state, or some other insurance com- 
pany authorized by law to transact business in this state. (96) 

13. To alter, repeal and modify their proceedings, 
from time to time, as occasion may require. (96) 

14. To vote a tax for the purchase of a book for the 
purpose of recording their proceedings. (96) 

15. To vote a tax to replace moneys of the district 
lost or embezzled by district officers; and to pay the 
reasonable expenses incurred by district officers in de- 
fending suits or appeals brought against them for their 
official acts, or in prosecuting suits or appeals by di- 
rection of the district against other parties. (96) 

16. To vote a tax to pay whatever deficiency there 
may be in teachers' wages after the public money ap- 
portioned to the district shall have been applied thereto. 
(96) 

If the inhabitants neglect or refuse to vote a tax for this 
purpose, or if they vote a tax which proves insufficient to 
cover such deficiency, then the trustees are authorized, and 
it is their duty, to raise, by district tax, any reasonable sum 
that may be necessary to pay the balance of teachers' wages 
remaining unpaid, the same as if such tax had been author- 
ized by a vote of the inhabitants. (96) 

17. To vote a tax to pay and satisfy of record any 
judgments of a competent court which are obtained in 
an action against the trustees of the district for unpaid 
teachers' wages, where the time to appeal from said judg- 
ments has elapsed, or there is no intent to appeal on 
part of such district, or the said judgments are of the 
court of last resort. (96) 



District] Judgments 37 

If the inhabitants neglect or refuse to vote a tax for this 
purpose, or if they vote a tax which proves insufficient to 
fully satisfy said judgments, then the trustees are authorized 
and it is their duty to raise by district tax the amount of said 
judgments, or the deficiency which may exist in any tax 
voted by said inhabitants to pay said judgments, the same as 
if such tax had been authorized by a vote of the inhabitants, 
and the trustees are authorized, and it is their duty forthwith, 
after the expiration of 30 days from notice of any judgments 
having been entered against the district or the trustees thereof 
for unpaid teachers' wages, to call a meeting of the inhabi- 
tants of said district, who have power, as aforesaid, to vote 
to pay said judgments; and in case they refuse or neglect to 
do so, the trustees are authorized, and it is their duty, unless 
said judgments are appealed from, to raise by district tax the 
amount of said judgments as hereinbefore provided. (96) 

It was held in the Maryland supreme court, 1902, that when a child 
died from falling over a wire stretched across the school lot action will not 
hold against the trustees for negligence, since the funds in their hands are 
for educational purposes and cannot be used for damages. The circuit 
court in Michigan, Judge Coolidge, when Ardel Westervelt, 15 years old, 
sued the Benton Harbor school board for $10,000 for damages for sitting 
in an unhealthful schoolroom, ruled that schools are not liable in private 
action for injuries sustained through the negligence of school officials. 
(49 Minn 106; 85 N Y 185; 14 Gray 541; 122 Mass 344; 126 Mass 540; 
13 R I 454; 25. O St 305; 36 O St 37; 121 Pa St 543; 44 la 27; 37 
L R A 301 ; 12 Hun 209, reversed by 75 N Y 303. See 49 N E A 536) 

Rebecca Brown broke her leg through a defective floor 
in the New York public school at 108 Mott street, and in 1899 
brought suit for $25,000 against the city. The suit was 
dismissed by Justice McAdam, who ruled that school proper- 
ty was under the control of the board of education, and 
that neither the members of the board nor their subordinates 
are agents or servants of the municipality, for whose negli- 
gence it is liable. The board of education is the representa- 
tive of the state, against which the action would lie. 

Yet it has been held in the Michigan supreme court that 
if a board erects a building so that snow must slide off the 
roof upon a neighbor's premises it is liable for damages. 
See Supt's Report, 1899, p. 107. 



38 The District Meeting [Part I 

18. To enter into a written contract with the trustees 
or boards of education consenting thereto, of any dis- 
trict, or city, whereby all or part of the children of the 
district may be entitled to be taught in the public schools 
of such city, or school district for such period as said 
authorities may agree upon not exceeding one full school 
year. (600) 

Upon filing a copy of such contract, duly certified by the 
trustees of each of such school districts, or by the secretary 
of the board of education of such city in the office of the 
commissioner of education, such school district, after such 
contract has been approved by the commissioner of education 
is deemed to have employed a competent teacher for the period 
of such contract. (600) 

For the general principle see Walden vs. Shelby, la. S.c, 
Apr. 12, 1901. 

The board of education of any city, and the trustees of 
any school district so contracting with any other school 
district, must report for the pupils attending such schools 
from such other districts to the commissioner of education 
the same as though they were residents of such city or school 
district. (601) 

Whenever any district has contracted with the 
school authorities of any city, village, or other school 
district for the education therein of the pupils residing 
in such school district, or whenever in any school 
district children of school age shall reside so remotely 
from the school-house therein that they are practi- 
cally deprived of school advantages during any 
portion of the school year, the inhabitants thereof 
entitled to vote are authorized to provide, by tax or 
otherwise, for the conveyance of any or all pupils 
residing therein to the schools of such city, village, or 



District] Text-Books 39 

district with which such contract has been made, or 
to the school maintained in said district. (96) 

The trustees thereof may contract for such conveyance 
when so authorized in accordance with such rules and regu- 
lations as they may establish, and for the purpose of defray- 
ing any expense incurred in carrying out the provisions of 
this subdivision, they may if necessary use any portion of 
the public money apportioned to such district as a district 
quota. (96) 

19. To designate text-books by a ^ vote of all the 
legal voters present and voting. (580) 

A text-book thus adopted may not be superseded within 5 
years except upon a J vote of the legal voters present and 
voting, under a penalty of note less than $50 nor more than 
$100, to be sued for by any taxpayer of the school district, 
and recovered before any justice of the peace, and to be paid 
to the collector for the benefit of the district. (580-2 ;229) 

The common school district does not have power to fur- 
nish free text-books; that is a power only of the union free 
school district. See page 27. 

Whenever a tax for any of the objects hereinbefore 
specified has been legally voted the board of trustees 
or board of education must make out their tax list, 
and attach their warrant thereto, as for school dis- 
trict taxes, and cause such taxes or such instalments to 
be collected at such times as they become due. (126) 

No vote to raise money may be rescinded, nor the 
amount thereof be reduced at any subsequent meet- 
ing, unless it be an adjourned meeting or a meeting 
called by regular and legal notice, specifying the pro- 
posed action, and at which the vote upon said proposed 



40 The District Meeting [Part I 

reduction or rescinding is taken by ballot or by taking 
and recording the ayes and noes of the qualified 
voters attending and voting thereat. (126) 

It will be observed that the law makes special provisions 
to encourage liberality on the part of tax payers, but does 
not find it necessary to restrain their liberality. 



CHAPTER III 
School District Officers 

All district officers are elected by ballot. (46, 145) 

The trustees must provide a suitable ballot-box. Two 
inspectors of election must be appointed in such manner as 
the meeting shall determine, who receive the votes cast, and 
canvass the same, and announce the result of the ballot to 
the chairman. A poll-list containing the name of every 
person whose vote is received is kept by the district clerk, or 
the clerk for the time of the meeting. The ballots must be 
written or printed, or partly written and partly printed, con- 
taining the name of the person voted for and designating 
the office for which each is voted for. The chairman must 
declare to the meeting the result of each ballot, as announced 
to him by the inspectors, and the persons having the majori- 
ty of votes, respectively, for the several offices, are elected. 
(145) 

To vote that the secretary cast one ballot for an officer is not compliance 
with the law. (D 4.39.5) 

Election by informal ballot is not election. (D 4375) 

When a candidate has received a majority of the votes cast he is 
elected trustee and the meeting may not reconsider its action. (D 4371, 
4379, 4390) 

The acts of officers de facto are as valid and effectual where they concern 
the public or the rights of third persons, as though they were officers de 
jurs. (73 111 A 471 ; 53 111 A 2,54) 

Every district officer must be (1) a resident of his 
district, and (2) quahfied to vote at its meetings. No 
person is eligible to hold any school district office 
who can not (3) read and write, and a treasurer must 
be (4) a taxable inhabitant of the district. (141) 

The term of office of a sole trustee of a district is 
1 year. The full term of a joint trustee is 3 years, 

(41) 



42 School District Officers [Part I 

but a joint trustee may be elected for 1 or 2 years, as 
herein provided. The term of office of all other 
district officers is 1 year. (142) 

From one annual meeting to the next is considered a year. 
The term of all officers elected at the first meeting of a newly 
created district expires on the 1st Tuesday of August, next 
thereafter. (143) 

Every district officer holds his office, unless removed during 
his term of office, until his successors shall be elected or 
appointed. (142) 

It is the duty of the district clerk, or of any person 
who acts as clerk at any district meeting, when any 
officer is elected, forthwith to give the person elected 
notice thereof in writing; and such peison is deemed 
to have accepted the office, unless, within 5 days after 
the service of such notice, he files his written refusal 
with the clerk. The presence of any such person at 
the meeting which elects him to office, is deemed a 
■ sufficient notice to him of his election. (146, 170) 

Every person chosen or appointed to a school 
district office, who, being duly qualified to fill the same 
refuses to serve therein, forfeits $5; and every person 
so chosen or appointed, who, not having refused to 
accept the office, wilfully neglects or refuses to perform 
any duty thereof, by such neglect or refusal vacates 
his office and forfeits the sum of $10. (148) 

These penalties are for the benefit of the schools of the 
district. But the school commissioner of the commissioner 
district wherein any such person resides may accept his 
written resignation of the office, and the filing of such 
resignation and acceptance in the office of the district clerk 
is a bar to the recovery of either penalty in this section 
mentioned; or such resignation may be made to and accepted 
by a district meeting. (148, 170) 



District] District Clerk 43 

District Clerk 

It is the duty of the district clerk (66, p. 21): 

1. To record the proceedings of all meetings of the 
voters of his district in a book to be provided for that 
purpose by the district, and to enter therein true copies 
of all reports made by the trustees to the school com- 
missioner. (96, p. 20, 170) 

The records of the district clerk are not conclusive as to 
date. (D 3415, 4338) 

2. To give notice, in the manner prescribed, of the 
time and place of holding special district meetings 
called by the trustees. (85, p. 16, 17, 170, 195) 

3. To affix a notice in writing of the time and 
place of any adjourned meeting, when the meeting 
shall have been adjourned for a longer time than one 
month, in at least 5 of the most public places of such 
district, at least 5 days before the time appointed for 
such adjourned meeting. (170, 195) 

4. To give the required notice of every annual 
district meeting. (83, p. 15, 170, 195) 

5. To give notice immediately to every person 
elected or appointed to office of his election or appoint- 
ment , and also to report to the town clerk of the town 
in which the school-house of his district is situated, 
the names and post-office addresses of such officers, 
under a penalty of $5 for neglect in each instance. 
(146, 152, 170) 

6. To notify the trustees of every resignation duly 
accepted by the school commissioner. (148, 170) 

7. To keep and preserve all records, books and papers 
belonging to his office and to deliver the same to his 
successor. ( 170) 



44 School District Officers [Part I 

8. To obey the order of the school commissioner as 
to depositing the books, papers and records of his office 
in the town clerk's office in case the district should be 
dissolved. (170) 

9. To attend all meetings of the board of trustees 
when notified, and keep a record of their proceedings in 
a book provided for that purpose. (170) 

10. To call special meetings of the inhabitants 
whenever all the trustees of the district shall have vacated 
their office. (170) 

11. To hold open for inspection the records, books 
and papers belonging or appertaining to his office by any 
qualified voter of the district at all reasonable hours, and 
permit any such voter to make copies thereof. (170) 

12. To report to the supervisors the tax rate of the 
district. (62:1909) See page 62. 

The neighborhood clerk must keep a record of the 
proceedings of his neighborhood, and of the reports 
of the trustees, and deliver the same to his successor. 
(62) 

In case such nieghborhood shall be annexed to a district 
within this state its records must be filed in the office of the 
clerk of such district. (62) 

When a secretary of a school board is paid a salary he 
cannot claim compensation for extra service rendered the 
district beyond his duties as secretarj'. (14 York L R 88) 

As we have seen, he must keep the Poll list. (145, p. 41) 



District] District Collector 45 

District Collector (96, p. 21) 

Within such time, not less than 10 days, as the trus- 
tees allow him for the purpose, the collector, before 
receiving the first warrant for the collection of money, 
must execute a bond to the trustees, with one or more 
sureties, to be approved by a majority of the trustees, in 
such amount as the district meeting shall have fixed, or 
if such meeting shall not have fixed the amount, then 
in such amount as the trustees shall deem reasonable, 
conditioned for the due and faithful execution of the 
duties of his office. (172, 392) 

The trustees, upon receiving said bond, must, if they 
approve thereof, indorse their approval thereon, and forth- 
with deliver the same to the town clerk of the town in which 
said collector resides, and said clerk must file the same 
in his office, and enter in a book to be kept by him for that 
purpose, a memorandum, showing the date of said bond, the 
names of the parties and sureties thereto, the amount of the 
penalty thereof, and the date and time of filing the same, 
and said town clerk is authorized to receive as a fee for such 
filing and memorandum the sum of 25 cts, which sum is 
hereby made a charge against the school district interested 
in said bond. (172) 

The collector or treasurer vacates his office by not 
executing a bond to the trustees, as required. (149) 

In case the trustees of any school district, other than 
one within the limits of any city or incorporated village, 
or one having elected a treasurer, deem it for the best 
interests of the district or the public to have the collector 
of such district disburse to teachers the money appor- 
tioned by the state for teachers' salary, they may so direct, 
by resolution to be entered upon the minutes of their 
proceedings. (173) 



46 School District Officers [Part I 

Thereupon the said collector, before receiving any such 
money for such purpose, must execute a bond to the trustees, 
with two or more sureties, in double the amount of the last 
apportionment, with like conditions of sureties, approval 
of trustees, and amount and like directions as to filing as are 
required above the bond for the collection of taxes, and 
conditioned also for the due and faithful execution of the 
duties of his office as such disbursing agent. (173, 280) 

For method of collecting see pages 63-70. 

The collector must keep in his possession all moneys 
received or collected by him (D 4441) by virtue of any 
warrant, or received by him from the county treasurer 
or board of supervisors for taxes returned as unpaid, 
or moneys apportioned by the state or raised by direct 
taxation for teachers' wages or library, to be by him paid 
out upon the written order of majority of the trustees. 
(175, 391-7) 

When a treasurer has been elected in his district, the 
collector must pay over the moneys collected by him by 
virtue of his warrant, to said treasurer as provided. He 
must report in writing, at the annual meeting, all his collec- 
tions, receipts and disbursements, and must report to the 
supervisor on or before the 1st Tuesday of March in each 
year the amounts of school moneys in his hands not paid out 
on trustees' orders, and pay over to his successor in office, 
when such successor has duly qualified and given bond as 
required, all moneys in his hands belonging to the district. 
(171, 172, 175) 

If by the neglect of any collector any moneys are lost to 
any school district, which might have been collected within 
the time limited in the warrant delivered to him for their 
collection, he forfeits to such district the amount of the 
moneys thus lost, and must account for and pay over the 
same to the trustees of such district, in the same manner 
as if they had been collected. (176) 



District] District Collector 47 

The district may not release him from this obligation. 
(10 Neb 293; 35 Am R 477; 4 N W 1001) 

For the recovery of all forfeitures, and of all balances, 
in the hands of the collector, which he has neglected or 
refused to pay to his successor, or to the treasurer of such 
district, the trustees, in the name of their office, have their 
remedy upon the official bond of the collector, or any action 
and any remedy given by law; and they must apply all such 
moneys, when recovered, in the same manner as if paid 
without suit. (177) 

The collector receives for his services on all sums paid 
in within 30 days after posting his notice, 1%, and upon 
all sums collected by him after the expiration of the 
time mentioned, b%. (398) 

In case a levy and sale are necessarily made by such 
collector, he is entitled to travelling fees, at the rate of 10 cts 
per mile, to be computed from the school-house in the 
district. (398. See 401) 

He must deliver to the county treasurer the assessment 
rolls against the railroads in the district. (399) See 
pages 63-6. 

Upon notice that the tax is unpaid to the county 
treasurer, he is to collect the same by sale. (40 1) 

He presents report at annual meeting, (p. 17) 

When treasurer is elected he must pay over all district 
moneys to him. (171, p. 48) 



48 School District Officers [Part I 

District Treasurer (96, page 21) 

The treasurer of a school district is the custodian of 
all moneys belonging to the district from whatever source 
derived. 

As has been seen (p. 41), he must be a taxable inhabitant 
of the district. (141) 

It is the duty of the trustees of such district to pay to 
such treasurer any and all moneys that may come into 
their hands belonging to such district derived from the sales 
of personal or real property of the district, from insurance 
policies, from bonds of the district issued and sold by them, 
or from any other source whatever. (171) 

The collector must pay over to such treasurer all 
moneys collected by him under and by virtue of any tax 
list and warrant issued and delivered to him. (171) 

The treasurer is authorized and empowered to demand 
and receive from the supervisor of the town in which 
such school district is situated all public money appor- 
tioned to said district. See page 372. (171) 

It is the duty of the treasurer within 10 days after notice 
of his election to execute and deliver to the trustees of such 
district, his bond in such sum as shall have been fixed by a 
district meeting of as such trustees shall require, with at 
least two sureties to be approved by such trustees, conditioned 
to faithfully discharge the duties of his office, and to well 
and truly account for all moneys received by him, and to pay 
over any sums of money remaining in his hands to his suc- 
cessor in office. Such bond when so executed and approved 
in writing by such trustees must be filed with the district 
clerk. (96, p. 21, 171) 

No moneys may be paid out or disbursed by the 
treasurer except upon the written orders of a sole 
trustee, or a majority of the trustees. (171) 



District] District Treasurer 49 

The treasurer must, whenever required by such trustees, 
report to them a detailed statement of the moneys received 
by him, and his disbursements, and at the annual meeting 
of such district he must render a full account of all moneys 
received by him and from what source, and when received, 
and all disbxirseinents made by him and to whom and the 
dates of such disbursements respectively, and the balance 
of moneys remaining in his hands. (171) 

District Trustees 

The district trustees are the executive officer-, of 
the district, and their duties are so broad that several 
chapters are necessary to explain them. They are ar- 
ranged as follows: 



IV. 


School Taxes, 


P- 


51 


V. 


Building Schoolhouses, Hiring Teachers, 


P- 


71 


VI. 


Qualified Teachers, 


P- 


82 


VII. 


Duration of Contract, 


P- 


100 


VIII. 


Teachers Wages, 


P- 


114 


IX. 


Conditions of Contract, 


P- 


119 


X. 


Dismissing Teachers, 


P- 


123 


XI. 


Relations to Teachers, 


P- 


148 


XII. 


Extent of Authority, 


P- 


157 


XIII. 


Rules and Regulations, 


P- 


165 


XIV. 


Hours of School, 


P- 


170 


XV. 


School Attendance, 


P- 


172 


XVI. 


The Compulsory Law, 


P- 


185 


XVII. 


The Course of Study, 


P- 


199 


XVIII. 


Religious Instruction, 


P- 


214 


XIX. 


Corporal Punishment, 


P- 


221 


XX. 


Suspension and Expulsion, 


P- 


242 


XXI. 


School Moneys 


P- 


263 


XXII. 


Miscellaneous 


P- 


276 



The neighborhood trustee must, between July 25 
and Aug. 1 in every year, make his annual report to 



50 School District Officers [Part I 

the school commissioner, and file it in the office of the 
clerk of the town of which the neighborhood is a 
part. (62) 

Such report must specify the whole amount of pubHc 
moneys received buring the year and from what pubhc 
officer, and the manner in which it was expended ; the whole 
number of such children as can be included in the district 
trustees' report residing in the neighborhood on June 3U; 
and any other matters which the commissioner of education 
may require. (62) 



CHAPTER IV 

Trustees: School Taxes 

On the 1st Tuesday of August next after the 
erection of a district, at its first annual meeting, the 
electors determine, by resolution, whether the district 
shall have 1 or 3 trustees; and if they resolve to have 
3 trustees, elect the three for 1, 2, and 3 years respect- 
ively, and designate by their votes for which term 
each is elected. Thereafter in such district, 1 trustee 
is elected at each annual meeting to fill the office of 
the outgoing trustee. (96, p. 21, 144) 

The electors of any district having 3 trustees have power 
to decide by resolution, at any annual meeting, whether the 
district shall have a sole trustee or 3 trustees, and if they 
resolve to have a sole trustee, the trustees in office continue 
in office until their terms of office expire, and no election of 
a trustee is had in the district until the offices of such trustees 
become vacant by the expiration of their terms of office or 
otherwise, and thereafter but 1 trustee is elected for said 
district. (144) 

The electors of a district having but 1 trustee may deter- 
mine at an annual meeting, by a two-thirds vote of the legal 
voters present thereat, to have 3 trustees; and upon the 
adoption of a resolution to that effect, proceed to elect 3 
trustees or such number as may be necessary to form a board 
of trustees; and thereafter in such district, 1 trustee is 
elected for 3 years, at each annual meeting, to fill the office 
of the outgoing trustee. (144. Compare 221.) 

A trustee or a member of a board of education vacates 
his office by the acceptance of the office of either school 
commissioner or supervisor. (140, 149) 

(51) 



52 School Trustees [Part I 

No school commissioner or supervisor is eligible to the 
office of trustee or member of a board of education (140) 

No trustee may hold the office of district clerk, collector, 
treasurer, or librarian. (140; 304) 

Not more than one member of a family may be a member 
of the same board of education in any school district. (140) 

Questionable eligibility must be referred for decision to the 
commissioner of education. (D 4455) 

A trustee who publicly declares that he will not 
accept or serve in the office of trustee, or who refuses 
or neglects to attend 3 successive meetings of the 
board, of which he is duly notified, without rendering 
a good and valid excuse therefor to the other trustees, 
or trustee where there are but two, vacates his office 
by refusal to serve. (147) 

A trustee vacates his office by removal from the 
district, since the law requires that he be a resident; 
but not if he removes to or near the district line. 
(107 SW 329) 

A trustee or any other school officer may be removed 
by the commissioner of education for wilful violation 
or neglect of duty, or wilfully disobeying any decision 
order or regulation of the commissioner of education. 
(338, 229) 

A trustee may not be removed for immorality or for failure 
to agree with his associates, {760, 76 1), or for unintentional 
failure to comply with the law. (D 4380) 

In case the office of a trustee is vacated by his 
death, refusal to serve, incapacity, removal from the 
district, or by his being removed from the office, or 



District] Election and Removal 53 

any other manner, the first act of the board of 
trustees, if there are three, must be to call a special 
meeting of the district so supply such vacancy. If 
the vacancy is not supplied by a district meeting with- 
in 1 month thereafter, the school commissioner of the 
commissioner district, within which the school-house 
' or principal school-house of the district is situated, 
may, by a writing, under his hand, appoint a compe- 
tent person to fill it (150, 194) 

If such vacancy is supplied by a district meeting, it is 
for the balance of the unexpired term ; but when such vacan- 
cy is supplied by appointment by a school commissioner it 
is only until the next annual meeting of the district. (150, 
152, 170, 229) 

Every appointment to fill a vacancy must be 
forthwith filed, by the school commissioner or trustees 
making it, in the office of the district clerk, who must 
immediately give notice of the appointment to the 
person appointed. (150, 152, 170) See page 43. 

The trustees of every school district, whether 
there is one or more, as hereinbefore provided, con- 
stitute a board for each of said districts respectively, 
and said boards are bodies corporate. (190. Com- 
pare 220, 49 N E 536) 

All property now vested in or hereafter transferred 
to the trustees of a district for the use of schools in 
the district, is held by them as a corporation. (191) 

A board consisting of a sole trustee of the district 
has all the powers, and is subject to all the duties. 



54 School Trustees [Part I 

liabilities, and penalties conferred and imposed by 
law upon or against a board of 3 trustees or any 
trustees, or the majority of the trustees of said 
board having 3 trustees of a district. (192) 

The trustees of a district compose a board, and every 
power committeed to said trustees by this chapter must be 
exercised by the board. (193) 

The board must meet for the transaction of business in 
accordance with notice of time and place. ( 193) 

In a board composed of 3 trustees, when 2 only meet to 
deliberate upon any matter, and the 3rd, if notified, does 
not attend, or the 3 meet and deliberate thereon, the conclu- 
sion of 2 upon the matter, and their order, act or proceeding 
in relation thereto, is as valid as though it were the conclusion, 
order, act or proceeding of the 3 ; and a recital of the 2 in 
their minute of the conclusion, act or proceeding, or in their 
order, act or proceeding of the fact of such notice, or of such 
meeting and deliberation, is conclusive evidence thereof. 
(193) 

A meeting of the board may be ordered by any member 
thereof, by giving not less than 24 hours' notice of the same. 
(193) 

The acts of a majoiity are illegal when performed without notifying or 
consulting all three. (Sup't Morgan, Nov. 16, 1848; 4 Neb 254; 13 Neb 
70; 23 Neb 184; 12 N W 829; 36 N W 554; 54 Pac 185) 

While there is one vacancy in the office of trustee, the 
2 trustees have all the powers and are subject to all the 
duties and liabilities of the 3. While there are 2 such vacan- 
cies, the trustee in office has all the powers and is subject to 
all the duties and liabilities of the 3, as though he were a 
sole trustee. (194) 

But the first act of the board must be to call a special 
meeting to fill vacancies that exist. (150) See page 53. 
For further discussion of method of action see pages 74-6. 



District] School Taxes 55 

It is the duty of the trustees of every school dis- 
trict, and they have power: 

Trustees can exercise only the powers conferred by statute ; 
and if they exceed these powers are responsible for losses 
that ensue. (72 111 508; 82 111 132) 

1. To call special meetings of the inhabitants of 
such districts whenever they deem it necessary and 
proper. (195. See 86, 88) 

2. To give notice of special, annual and adjourned 
meetings, if there be no clerk of the district, or he be 
absent or incapable of acting, or refuses to act. (195. 
See 85; D 4445, 4497) 

3. To make out a tax-list of every district tax voted 
by any such meeting, or authorized by law, containing 
the names of all the taxable inhabitants residing in the 
district at the time of making out the list, and the amount 
of tax payable by each inhabitant, set opposite to his 
name. (195. See 380-411) 

They must do this within 30 days after the tax is 
voted. But they may at the same time assess two or 
more taxes so voted, and any taxes they are authorized 
to raise without such vote, and make out one tax-list 
and one warrant for the collection of the whole. 
(380) 

They must prefix to their tax-list a heading showing for 
what purpose the different items of the tax are levied. (380) 

School district taxes must be apportioned by the 
trustees upon all real estate within the boundaries of 
the district, which is not by law exempt from taxation. 



56 School Trustees : School Taxes [Part I 

and such property must be assessed to the person or 
corporation owning or possessing the same at the 
time such tax-Hst shall be made out. (381) 

Unoccupied real estate must as assessed as nonresident, and 
a description thereof must be entered in the tax-list. (381) 

The trustees must also apportion the district taxes upon all 
persons residing in the district, and upon all corporations 
liable to taxation therein, for the personal estate owned by 
them and liable to taxation. (381) 

The valuations of taxable property must be as- 
certained, so far as possible, from the last assessment- 
roll of the town, after revision by the assessors; 
and no person is entitled to any reduction in the 
valuation of such property, as so ascertained, unless 
he gives notice of his claim to such reduction in writ- 
ing to the trustees of the district before the tax-list 
shall be made out. (382) 

Where such reduction is duly claimed and where the valua- 
tion of taxable property can not be ascertained from the last 
assessment-roll of the town, or where a lot partly in two or 
more school districts is assessed as one lot on the last assess- 
ment-roll of the town, or where the valuation of such prop- 
erty has increased or diminished, since the last assessment- 
roll of the town, or an error, mistake or omission on the part 
of the town assessors has been made in the description or 
valuation of taxable property, the trustees must ascertain 
the true value of the property to be taxed from the best 
evidence in their power, giving notice to the persons interest- 
ed, and proceeding in the same manner as the town assessors 
are required by law to proceed in the valuation of taxable 
property, the hearing of grievances, the duty of the super- 
visors of such towns so in part embraced and the revision 
of the town assessment-roll. (383) 

A person, who, in making any statement, oral or written, 
which is required or authorized by law to be made as the 



District] Assessment 57 

basis of imposing any tax or assessment, or of an application 
to reduce any tax or assessment, wilfully makes, as to any 
material matter, any statement which he knows to be false, 
is guilty of a misdemeanor. (88: 1909, 2321) 

When a district embraces parts of more than one town, it 
is the duty of the supervisors upon receiving a written notice 
from the trustees of such district, or from three or more per- 
sons liable to pay taxes upon real estate therein, to meet at 
a time and place to be named in such notice, which time shall 
not be less than 5 or more than 10 days from the service there- 
of, and a place within the bounds of the towns so in part 
embraces, and proceed to inquire and determine whether the 
valuation of real property upon the several assessment-rolls 
of said towns is substantially just, as compared with each 
other, so far as said districts are concerned, and if ascertained 
not to be so, to determine the relative proportion of taxes 
that ought to be assessed upon the real property of the parts 
of such district lying in different towns. (384) 

The trustees of such district thereupon assess the proportion of any 
tax thereafter to be raised, according to the determination of such super- 
visors, until new assessment-rolls of the town are perfected and filed, using 
the assessment-rolls of the several towns to distribute the said proportion 
among the persons liable to be assessed for the same. In cases when such 
supervisors are unable to agree, they must summon a supervisor from some 
adjoining town, who unites in such inquiry, and the finding of a majority 
is the determination of such meeting. Such supervisors receive for their 
services $3 for each day actually employed, to be a town charge upon their 
respective towns. (384) 

When any real estate within a district so liable to taxation 
is not occupied and improved by the owner, his servant or 
agent, and not possessed by any tenant, the trustees of any 
district, at the time of making out any tax-list by which any 
tax is imposed thereon, must insert in such tax-list a state- 
ment and description of every such lot, piece or parcel of 
land so owned by nonresidents therein, in the same manner 
as required by law from town-assessors in making out the 
assessment-roll of their towns. (385) 

If any such lot is known to^belong to an incorporated company liable 
to taxation in such district, the name ofjsuch company must be specified, 



58 Trustees : School Taxes [Part I 



and the value of such lot or piece of land set down opposite to such discrip- 
tion, which value must be the same that was affixed to such lot or piece of 
land in the last assessment-roll of the town; and if the same was not 
separately valued in such roll, then it must be valued in proportion to the 
valuation which was affixed in the said assessment-roll to the whole tract 
of which such lot or piece shall be part. (385) 

Special provisions are made as to taxation in Dannemora, in Wawar- 
sing, and of state lands in Rockland county. (3S6, 7, 7a) 

Any person working land under a contract for a share of 
the produce of such land, is deemed the possessor, so far as 
to render him liable to taxation therefor, in the district where 
such land is situate, and any person in possession of real 
property under a contract for the purchase thereof is liable 
to taxation therefor in the district where such real property 
is situate. (388) 

Every person owning or holding any real property within 
any school district, who improves and occupies the same by 
his agent or servant, is, in respect to the liability of such 
property to taxation, considered a taxable inhabitant of such 
district, in the same manner as if he actually resided therein. 
(389) 

Every taxable inhabitant of a district who has been, with- 
in 4 years, set off from any other district, without his consent, 
and has within that period actually paid in such other district, 
under a lawful assessment therein, a district tax for building 
a school-house, must be exempted by the trustees of the 
district where he shall reside, from the payment of any tax 
for building a school-house therein. (390) 

Where any district-tax, for the purpose of purchasing a 
site for a school-house, or for purchasing or building, keeping 
in repair, or furnishing such school-house with necessary fuel 
and appurtenances, is lawfully assessed, and paid by any 
person on account of any real property whereof he is only a 
tenant at will, or for 3 years, or for a less period of time, such 
tenant may charge the owner of such real estate with the 
amount of the tax so paid by him, unless some agreement to 
the contrary has been made by such tenant. (391) 



District] Exemptions from Taxation 59 

The following property is exempt from taxation: 

a. Property of the United States (62:1909) 

h. Property of the state of New York other than its wild 
or forest lands in the forest preserve, which, with such lands 
owned by the state in the towns of Altona and Dannemora, 
county of Clinton, except the lands in the town of Dannemo- 
ra upon which buildings and inclosures are erected and main- 
tained by the state for the use of state institutions, together 
with said buildings thereon, is to be assessed and taxed at a 
like valuation and rate as similar lands of individuals within 
the counties where situated. (62:1909. See also Sec. 34 
of the forest, fish, and game laws.) 

No tax for the erection of a school-house or opening of a road may 
be imposed on the state lands unless such erection or opening shall have 
first been approved in writing by the forest, fish and game commission. 
(62:1909) 

The treasurer of the state, upon the certificate of the comptroller 
as to the correct amount of such tax, pays the tax levied upon state lands 
in the forest preserve, by crediting to the treasurer of the county in which 
such lands may be situated, such taxes, upon the amount payable by such 
county treasurer to the state for state tax. No fees are allowed by the 
comptroller to the county treasurer for such portion of the state tax as is 
so paid (62:1909) 

c. Property of a municipal corporation of the state held 
for a public use, including real property held or used for 
cemetery purposes, and all lots and plats therein conveyed by 
the municipal corporation as places for the burial ot the dead, 
except the portion of municipal property not within the 
corporation . (62:1909) 

d. All property exempt by law from execution, other than 
an exempt homestead. (62:1909) 

Real property purchased with the proceeds of a pension granted by 
the United States for military or naval services, and owned and occupied 
by the pensioner, or by his wife or widow, is subject to taxation as herein 
provided. Such property is to be assessed in the same manner as other 
real property in the tax districts. At the meeting of the assessors to hear 
the complaints concerning assessments, a verified application for the 
exemption of such real propertv from taxation may be presented to them 
by or on behalf of the owner thereof, which application must show the 



60 Trustees : School Taxes [Part I 

acts on which the exemption is claimed, including the amount of pension 
money used in or towards the purchase of such property. If the assessors 
are satisfied that the applicant is entitled to the exemption, and that the 
amount of pension money used in the purchase of such property equals 
or exceeds the assessed valuation thereof, they enter the word "exempt" 
upon the assessment-roll opposite the description of such property. If the 
amount of such pension money used in the purchase of the property is 
less than the assessed valuation, they enter upon the assessment-roll the 

words "exempt to the extent of dollars" (naming the amount) and 

thereupon such real property, to the extent of the exemption entered by 
the assessors is exempt from state, county and general municipal taxation, 
but taxable for local school purposes, and for the construction and main- 
tenance of streets and highways. If no application for exemption is 
granted, the property is subject to taxation for all purposes. The entries 
above required must be made and continued in each assessment of the 
property so long as it is exempt from taxation for any purpose. (62:1909.) 
See also Sec. 1393 of the Code of Civil Procedure. 

e. The real property of a corporation or association 
organized exclusively for the moral or mental improvement 
of men or women, or for religious, Bible, tract, charitable, 
benevolent, missionary, hospital, infirmary, educational, 
scientific, literary, library, patriotic, historical or cemetery 
purposes, or for the enforcement of laws relating to children 
or animals, or for two or more such purposes and used ex- 
clusively for carrying out thereupon one or more of such 
purposes, and the personal property of any stxch corporation. 
(62:1909) 

/. Real property of an incorporated association of pres- 
ent or former volunteer firemen actually and exclusively used 
and occupied by such corporation and not exceeding in value 
$15,000. (62:1909) 

^. All dwelling-houses and lots of religious corporations 
while actually used by the officiating clergymen thereof, but 
the total amount of such exemption to any one religious 
corporation must not exceed $2,000. Such exemption is in 
addition to that provided by subdivision of above. (62 -1909) 

h. The real property of an agricultural society permanent- 
ly used by it for exhibition grounds. (62:1909) 



District] Bank Taxation 61 

t. The real property of a minister of the gospel or priest 
who is regularly engaged in performing his duties as such, or 
permanently disabled by impaired health from the perform- 
ance of such duties, or over 75 years of age, and the personal 
property of such minister or priest, but the total amount of 
such exemption on account of both real and personal proper- 
ty must not exceed $1,500. (62:1909) 

The stockholders of every bank or banking associa- 
tion organized under the authority of this state, or 
of the United States, must be assessed and taxed on 
the value of their shares of stock therein; said 
shares to be included in the valuation of the personal 
property of such stockholders in the assessment of 
taxes in the tax district where such bank or banking 
association is located, and not elsewhere, whether 
the said stockholders reside in said tax district or not. 
(62:1909) 

Every individual banker is taxable upon the amount of 
capital invested in his banking business in the tax district 
where the place of such business is located and is, for that 
purpose, deemed a resident of such tax district. (62:1909) 

See the statute for limitations upon this exemption. 

The chief fiscal officer of every bank or banking association organized 
under the authority of this state, or of the United States, must, on or before 
July 1, in each year, furnish the assessors of the tax district in which its 
principal office is located a statement under oath of the condition of such 
bank or banking association on June 1 preceding, stating the amount of its 
authorized capital stock, the number of shares and the par value of the 
shares thereof, the amount of stock paid in, the amount of its surplus and of 
its undivided profits, if any, a complete list of the names and residences of 
its stockholders and the number of shares held by each. (62:1909) 

The rate of tax upon the shares of stock of banks and 
banking associations is 1% upon the value thereof, as ascer- 
tained and fixed in the manner hereinbefore provided, and 
the owners of the stock of banks and banking associations 
are entitled to no deduction from the taxable value of their 



62 Trustees : School Taxes [Part I 

shares because of the personal indebtedness of such owners, 
or for any other reason whatsoever. The said tax is in lieu 
of all other taxes whatsoever for state, county, or local 
purposes. (62:1909) 

The board of supervisors of the several counties must 
ascertain the tax rate of each of the several town, city, 
village, school, and other tax districts in their counties, re- 
spectively, in which the shares of stock of banks and bank- 
ing associations are taxable, which tax rates include the 
proportion of state and county taxes levied in such districts 
respectively, for the year for which the tax is imposed, and 
the proportion of the tax on bank-stock to which each of 
said districts is respectively entitled is ascertained by taking 
such proportion of the tax upon the shares of stock of banks 
and banking associations, taxable in such districts, respective- 
ly, under the provisions of this chapter as the tax rate of 
such tax district bears to the aggregate tax rates of all the 
tax districts in which said shares of stock shall be taxable. 
(62:1909) 

The clerks of the several school districts to which any portion of the tax 
on shares of stock of banks and banking associations is to be distributed 
under this section must, in writing and under oath, annually report to the 
board of supervisors of their respective counties, during the first week of 
the annual session of such board, the tax rate of such school district for the 
year prior to the meeting of each such board. The said board of supervisors 
must issue their warrant or order to the couuty treasurei on or before Dec. 15, 
setting forth the number of shares of bank stock taxable in each school dis- 
trict, the tax rate of each of said school districts for said year, the proportion 
of the tax imposed by this chapter to which each of said school districts 
is entitled, under the provisions hereof, and commanding him to collect same, 
and to pay to the proper officer in each of such districts the proportion of 
such tax to which it is entitled under the provisions ot this chapter. (62: 
1909) 

The said county treasurer shall be entitled to a commission of 1 % for col- 
lecting and paying out said moneys, which commission shall be deducted from 
the gross amount of said tax before the same is distributed. (62:1909) 

Every individual banker must report before June 15 under 
oath to the assessors of the tax district in which any of the 
capital invested in such banking business is taxable, the 
amount of capital invested in such banking business in sueh 



District] Railroad Taxation 63 

tax district on June 1 preceding. Such capital is to be assessed 
ed as personal property to the banker in whose name such 
business is carried on. (62:1909) 

The assessors of each town in which a railroad, 
telephone or pipe line company is assessed upon 
property lying in more than one school district there- 
in, must, within 15 days after the final completion of 
the roll, apportion the assessed valuation of the prop- 
erty of each of such corporations among such school 
districts. Such apportionment must be signed by 
the assessors or a majority of them, and be filed with 
the town clerk within 5 days thereafter, and thereupon 
the valuation so fixed shall become the valuation of 
such property in such school district for the purpose 
of taxation. (62; 1909) 

In case of failure of the assessors to act, the supervisor 
of the town must make such apportionment on request of 
either the trustees of any school district or of the corpora- 
tion assessed. The town clerk must turnish the trustees a 
certified statement of the valuations apportioned to their 
respective districts. In case of any alteration in any school 
district affecting the valuation of such property, the officer 
making the same must fix and determine the valuations in 
the districts affected for the current year. (62:1909) 

For the provisions of an act providing for a uniform school tax in the sev- 
eral towns of St. Lawrence county, see 502:1902. 

4. To annex to such tax-list a warrant, directed to 
the collector of the district, for the collection of the sums 
in such list mentioned. (195. See pages 45-7) 

This warrant must be under the hands of the trus- 
tees, or a majority of them, with or without their 
seals; and it has the like force and effect as a warrant 



64 Trustees : School Taxes [Part I 

issued by a board of supervisors to a collector of 
taxes in the town. (171, 392) 

The collector to whom it may be delivered for collection 
is authorized and required to collect from every person in 
such tax-list named the sum set opposite to his name, or the 
amount due from any person specified therein, in the same 
manner that collectors are authorized to collect town and 
county taxes. (171, 392) 

A warrant for the collection of a tax voted by the 
district must not be delivered to the collector until 
the 31st day after the tax was voted. A warrant fo'- 
the collection of any tax not so voted may be delivered 
to the collector whenever the same is completed. 
(393) 

Any collector to whom any tax-list and warrant may be 
delivered for collection may execute the same in any other 
district or town in the same county, or in any other county 
where the district is a joint district and composed of terri- 
tory from adjoining counties, in the same manner and with 
the like authority as in the district in which the trustees 
issuing the said warrant may reside, and for the benefit of 
which said tax is intended to be collected; and the bond or 
sureties of any collector, given for the faithful performance 
of his official duties, are liable for any moneys received or 
collected on any such tax-list and warrant. (394) 

If the sum of money, payable by any person named in 
such tax-list, is not paid by him or collected by such warrant 
within the time therein limited, it is lawful for the trustees to 
renew such warrant in respect to such delinquent person ; and 
whenever more than one renewal of a warrant for the col- 
lection of any tax-list may become necessary in any district, 
the trustees may make such further renewal, with the written 
approval of the supervisor of any town in which a school- 
house of said district shall be located, to be indorsed upon 
such warrant. (395) 



District] Collection of Taxes 65 

Whenever the trustees of any school district discover any 
error in a tax-list made out by them, they may, with the ap- 
proval and consent of the commissioner of education, after 
refunding any amount that may have been improperly col- 
lected on such tax-list, if the same is required by him, amend 
and correct such tax-list, as directed by the commissioner, 
in conformity to law. (396) 

The collector, on the receipt of a warrant for the 
collection of taxes, must give notice to the tax- 
payers of the district by publicly posting written or 
printed, or partly written and partly printed notices 
in at least 3 public places in such district, one of 
which shall be on the outside of the front door of 
the school-house, stating that he has received such 
warrant and will receive all such taxes as may be 
voluntarily paid to him within 30 days from the time 
of posting said notice. (397) 

The collector must also give a like notice, either 
personally or by mail, at least 20 days previous to the 
expiration of the 30 days aforesaid, to the ticket 
agent at the nearest station of any railroad corpora- 
tion, or the president, secretary, general or division 
superintendent, or manager of any canal or pipe line, 
assessed for taxes upon the tax-list delivered to him 
with the aforesaid warrant. (397) 

Except in the counties of New York, Kings, and Cattar- 
augus, within 5 days after the receipt by the collector of 
every tax or assessment roll of his district, he must prepare 
and deliver to the county treasurer of the county in which 
such district, or the greater part thereof, is situated, a state- 
ment showing the name of each railroad company appearing 
in said roll, the assessment against each of said companies 
for real and personal property respectively, and the tax 



66 Trustees : School Taxes [Part I 

against each of said companies. Such county treasurer 
must, immediately after the receipt by him of such statement 
from such school collector, notify the ticket agent of any such 
railroad company assessed for taxes at the station nearest 
to the office of such county treasurer, personally or by mail, 
of the fact that such statement has been filed with him by 
such collector, at the same time specifying the amount of 
tax to be paid by such railroad company. (399) 

Within 30 days after the receipt of such statement by such 
county treasurer, the railroad company may pay the amount 
of tax so levied or assessed against it in such district and in 
such statement mentioned and contained with 1% fees there- 
on, to such county treasurer, who is hereby authorized and 
directed to receive such amount and to give proper receipt 
therefor. (400) 

In case any railroad company fails to pay such tax within 
said 30 days, it is the duty of the county treasurer to notify 
the collector of the school district in which the delinquent 
railroad company is assessed, of its failure to pay said tax, 
and upon receipt of such notice it is the duty of the col- 
lector to collect such unpaid tax in the manner now provided 
by law together with 5% fees thereon; but no school col- 
lector may collect by distress and sale any tax levied or 
assessed in his district upon the property of any railroad 
company until the receipt by him of such notice from the 
county treasurer. (401) 

The several amounts of tax thus received by the county 
treasurer must be by such county treasurer placed to the 
credit of the school district for or on account of which th 
same was levied or assessed, and on demand paid over to the 
school collector thereof, and the 1% fees received therewith 
shall be placed to the credit of, and on demand paid to, the 
school collector of such school district. (402) 

The railroad company may if it choose pay its school tax 
to the school collector direct, as provided by law. (403) 



District] Unpaid Taxes 67 

Where the amount of the tax is $1 or more the 
collector must give a like notice to all nonresident 
taxpayers on said list whose residence or post-office 
address may be known to such collector, or may be 
ascertained by him upon inquiry of the trustees and 
clerk of his district, and no school collector is entitled 
to recover from any railroad corporation, canal com- 
pany, or pipe line, or nonresident taxpayer more than 
1% fees on the taxes assessed against such corporation 
or nonresident, unless such notice shall have been 
given as aforesaid. (397) 

Whenever any sura of money payable by any per- 
son named in such tax-list, is not paid by such person, 
or collected by such warrant within the time therein 
limited, or the time limited by any renewal of such 
warrant; or in case the property assessed be real 
estate belonging to an incorporated company, and no 
goods or chattels can be found whereon to levy the 
tax, the trustees may sue for and recover the same in 
their name of office. (404) 

If any tax on real estate placed upon the tax-list 
and duly delivered to the collector, or the taxes upon 
nonresident stockholders in banking associations 
organized under the laws of congress, remain unpaid 
at the time the collector is required by law to return 
his warrant, he must deliver to the trustees of the 
district an account of the taxes remaining due, 
containing a description lof the lands upon which 
such taxes were unpaid as the same were placed upon 
the tax-list, together with the amount of the tax so 
assessed, and upon making oath before any justice 



68 Trustees : School Taxes [Part I 

of the peace or judge of a court of record, notary 
public or any other officer authorized to administer 
oaths, that the taxes mentioned in any such account 
remain tmpaid, and that, after diligent efforts, he 
has been unable to collect the same, he must be 
credited by said trustees with the amount thereof. 
(405) 

Upon receiving any such account from the col- 
lector, the trustees must compare it with the original 
tax-list, and if they find it to be a true transcript 
they must add to such account their certificate to the 
efl^ect that they have compared it with the original 
tax- list and found it to be correct, and immediately 
transmit the account, affidavit and certificate to the 
county treasurer. (406) 

Out of any moneys in the county treasury, raised 
for contingent expenses, or for the purpose of paying 
the amount of the taxes so returned unpaid, the 
treasurer must pay to the collector the amount of the 
taxes so returned as unpaid, with 1% of the amount 
in addition thereto, for the compensation of such 
collector. (407) 

If there are no moneys in the treasury applicable to such 
purpose, the board of supervisors, at the time of levying 
said unpaid taxes, as provided in the next section, must pay 
to the collector of the school district the amount thereof, 
with said addition thereto, by voucher or draft on the county 
treasurer, in the same manner as other county charges are 
paid, and the collector must be again charged therewith by 
the trustees. (407) 

Such account, affidavit, and certificate must be 
laid by the county treasurer before the board of 



District] Unpaid Taxes 69 

supervisors of the county, who must cause the amount 
of such unpaid taxes, with 7% of the amount in 
addition thereto, to be levied upon the lands upon 
which the same were imposed; and if imposed upon 
the lands of any incorporated company, then upon 
such company; and when collected the same must 
be returned to the county treasurer to reimburse the 
amount so advanced, with the expenses of collection. 
(408) 

Any person whose lands are included in any such 
account may pay to the county treasurer, the tax 
assessed thereon, with 5% added thereto, at any 
time before the board of supervisors have directed 
the same to be levied. 

The same proceedings in all respects must be had for the 
collection of the amount so directed to be raised by the board 
of supervisors as are provided by law in relation to the county 
taxes; and, upon a similar account, as in the case of county 
taxes of the arrears thereof uncollected, being transmitted 
by the county treasurer to the comptroller, the same must be 
paid on his warrant to the treasurer of the county advancing 
the same; and the amount so assumed by the state must be 
collected for its benefit, in the manner prescribed by law in 
respect to the arrears of county taxes upon land of non-resi- 
dents ; or if any part of the amount so assumed consisted of 
a tax upon any incorporated company, the same proceedings 
may also be had for the collection thereof as provided by 
law in respect to the county taxes assessed upon such company 
(410) 

Within 15 days after any tax-list and warrant has 
been returned by a collector to the trustees of any 
school district, the trustees must deliver the same to- 
the town clerk of the town in which the collector 



70 Trustees : School Taxes [Part I 

resides, and said town clerk must file the same in his 
office. 



CHAPTER V 

Trustees: Hiring Teachers 

5. To purchase or lease sites for the district school- 
houses, as designated by a meeting of the district; and 
to build, or purchase such school-houses as may be so 
designated; and to hire rooms or buildings for such 
school purposes, and to keep in repair and furnish 
such school-houses, rooms or buildings with necessary 
fuel, furniture, school apparatus, heating apparatus 
and appurtenances, and to raise the necessary sum to 
pay the expense thereof by tax, but such expense shall 
not exceed $50 in any one year, unless authorized by 
the district or by law. (195. See 96, 229) 

For condemnation proceedings, see 115, p. 24. 

Trustees are the only legal authority by which the vote of 
a district can be carried into execution, and have sole power 
of making contracts and of accepting work done. {632, 749) 

They may not discriminate in favor ot union labor. (59 
N E R 716. Judge Field gave a similar decision in Ky.) 

A school officer who is authorized to sell or lease any prop- 
erty or to make any contract in his official capacity or to take 
part in making any such sale, lease or contract, who volun- 
tarily becomes interested individually in such sale, lease or 
contract, directly or indirectly, except in cases where such 
sale, lease or contract, or payment under the same, is subject 
to audit or approval by the commissioner of education, is 
guilty of a misdemeanor. (88:1909. Sec, 1868) 

They must provide suitable and convenient water- 
closets or privies for each of the schools under their 

(71) 



72 School Trustees [Part I 

charge, at least 2 in number, entirely separated each 
from the other, and having separate means of access, 
and the approaches thereto separated by a substantial 
close fence not less than 7 feet in height. (116) 

It is the duty of the trustees aforesaid to keep the same in a 
clean and wholesome condition, and a failure to comply with 
the foregoing provisions of this section on the part of such 
trustees, is sufficient ground for their removal from office, and 
for withholding from the district any share of the public 
moneys of the state. Any expense incurred by such trustees 
in carrying out the requirements of this section is a charge 
upon the district, when such expense has been approved by 
the school commissioner of the district within which the 
school district is located, and a tax may be levied therefor 
without a vote of the district. (116) 

6. To have the custody and safe-keeping of the 
district school-houses, their sites and appurtenances. 
(195,229 42 111 A 4-3; 194 111247) 

A person who, under circumstances or in a manner not 
amounting to a burglary, enters a building, or any part thereof, 
with intent to commit a felony or a larceny, or any malicious 
mischief, is guilty of a misdemeanor. (88:1909) 

They must grant the use of any school building under their 
charge for all examinations and institutes appointed by the 
commissioner of education upon the written request of the 
school commissioner having jurisdiction over the same. (113, 
622, 76 N W 43) 

The trustees, or any one of them, if not forbidden by 
another, may freely permit the school house, when not in use 
for the district school, to be used by persons assembling there- 
in for the purpose of giving and receiving instruction in any 
branch of education or learning or in the science or practice 
of music. (114) 



District] Custody of School Property 73 

They must not allow it to be used for temperance 
meetings {64.9), or for the Patrons of industry (D 
4334), and should use discretion in opening it for 
religious meetings; no use should be permitted likely 
to occasion controversy. (267, D 5084, 68 111 530, 
93 111 61, 59 L R A 723, 17 Pa Co C R 609) 

In Michigan this power rests with the district meeting. (76 N W761) 

7. When thereto authorized by a meeting of the 
district to insure the school-houses, and their furniture, 
and the school apparatus in some company created by 
or under the laws of this state, or in an insurance 
company authorized by law to transact business in this 
state, and to comply with the conditions of the policy, 
and raise the premiums by a district tax. (195) 

If the district meeting neglects to make such authorization 
it is the duty of the trustees to insure such school-houses, and 
their furniture and school apparatus, and the premiums paid 
must be raised by district tax. (195;229) 

8. To insure the school library in such a company in 
a sum fixed by a district meeting and to raise the premium 
by a district tax, and comply with the conditions of the 
policy. (195. See 96, 126, 1047) 

9. To contract with and employ all teachers in the 
district schools as are qualified under the provisions of 
this chapter, and to designate the number of teachers to 
be employed; to determine the rate of compensation to 
be paid each teacher, respectively, and to determine the 
terms of school to be held in their respective districts 
during each school year. 



74 Trustees : Hiring Teachers [Part I 

' Who may hire teachers 

The power to employ teachers rests exclusively in 
the trustees. (195) 

They need not be guided even by the vote of the district 
meeting, though the wishes of the inhabitants should not be 
wantonly disregarded. (716) 

This is the usual provision in other states (71 111 .383, 79 111 567, 2 111 A 
584, 1 Ind 65, 102 Ind 279, 107 Ind 43, 26 la 281, 59 la 70, 36 Mich 404, 37 
Minn 96, 44 Mich 500, 60 N E 956, 54 P 766, 65 S W 686, 21 Wis 557. But see 
12 Lea 486.) 

It rests with the trustees to determine the number 
of teachers. (195) 

If they think an additional teacher is required they have 
the right to hire her without submitting the question to the 
district meeting. (D 4005) 

They fix the wages of the teachers. (195) 

It is no excuse for not opening school that they can not 
find a qualified teacher at the salary the district is accustomed 
to pay. They must find and employ a teacher, no matter how 
high wages they are obliged to pay. (D 1864) 

They determine the terms of school for each year. 
(D 1976) 

In the exercise of this authority they must be reasonable. 
Where it is the custom to hire a teacher for a year of two 
terms, the trustees may not limit the teacher's employment 
by hiring her for a term, and making the first term three 
months, beginning a second term in January. (School direc- 
tors vs Leon, Texas S C, 1900.) 

They may disregard a unanimous vote of the district as to 
the sex of the teacher (D 1677, 98 Mass 587, 69 Pa 103, 56 
Vt 551), the wages paid (D. 1864), the conditions of the con- 
tract (D 1738, 1831), and the individual selected (D 1665, 
1753, 1803, 2114, 44 Mich 500) 
Where there is a dispute as to who is elected trustee, a teacher 



District] Who May Hire Teachers 75 

who enters upon a contract with a person who assumes the 
office of trustee with some color of right, and who begins work 
as a teacher, can collect his wages under the contract, even 
if forcibly prevented from completing his work. It is not 
necessary for the teacher to wait until the dispute is over 
before beginning school work. (D 3856; 27 N E 303, 9 Neb 
56, 12 N Y 179, 15 N Y 818,35 Hun 111. But see 12 Lea 486.) 

A contract made by a de facto trustee is valid even though he 
subsequently be declared not in office. (57 SW 473) 

Where a trustee legally vacates his office by removal from 
the district but continues to act with the other two, he must 
be regarded as a de facto officer, as far as affects a third party. 
(54 Pac 185) 

Every district in New York, not a union free school 
district, has either one trustee, or three, or (temporal i- 
ly) two. See page 51. 

If there be but one trustee, it is only necessary that 
the contract be clearly understood and definitely 
expressed in writing. See page 84. 

If there be three trustees, the law explicitly re- 
quires that the contract be made by a majority; 
and at a meeting of which all three have been notified. 
(193, D 3582, 4376) 

This law prevails in most states. (52 Ark 511, 42 At 368, 14 How 302, 21 
111 124, 22 111 72, 67 111 511, 10 111 A 643, 24 111 A 229, 78 111 A 390, 
47 la 11, 4 Neb. 254, 12 Neb. 99, 22 Neb. 48, 58 Neb. 582. 27 Ks 120, 10 Lea 
344. 47 Mich 626. 78 NW 32, 82 NW 132, 993, 20 Ohio 89, 22 Ohio 144,47 Pac 
561, 2 Pa 204, 89 Pa 395, 89 Pa St 395, 13 S W 132, 61 S W 793, 104 S W 
172, 12 Vr 112, 59 Wis 518. 102 Wis 261. But see 59 Pac 885) 

The notice must state where and when the meeting is to 
beheld. (193, 98 Wis 22) 

Mere presence of the third, when no meeting has been 
called does not make a contract valid, if entered into by the 
other two when he refuses to join them. (61 S W 793) 

The record of the meeting is conclusive evidence as to 
whether the teacher was hired. (90 N W 680) 



76 Trustees : Hiring Teachers [Part I 

The consent of the three trustees separately makes no 
contract. A contract made by two trustees in the absence 
of the third from the district may be annulled at any time by 
a majority of the three. But a contract may be made by 
two trustees when authorized by the third (D 1910), or by 
one trustee when authorized to act as agent for the three. 

(74 Me 462, 46 N W 105.3, 48 N W 82, 56 N W 1053, 48 Vt 444) 

A contract made by two trustees without consulting the 
third may be ratified at a subsequent meeting. 

(126 Ind 628, 61 Mich 229, 62 Mich 153, 98 Mich 45, 110 Mich 363, 28 N W 
105, 764. 45 N W 989. 59 Pac 885. But see 20 W Va 360) 

In most states it is held that a tacit concurrence of the 
third trustee (D 1919), or even by two trustees when the 
bargain is made with the third in good faith, ratifies a fulfilled 
contract. 

In some states should a board permit a teacher to engage 
in teaching, by so doing the board approves the contract of 
the said teacher, whether said approval appears upon the 
records of the district or not. 

(42 Atl 368, 71 III 532, 29 Ks 211, 37 Minn 96, 67 Mo 319, 10 Neb 239, 13 
Neb 254, 23 Neb 384, 35 Neb 659, 57 Neb 48, 58 Neb 482, 36 N W 554, 45 N W 
989, 53 N W 568, 58 N W 482, 77 N W 384, 78 N W 932) 

If there be two trustees, in the transition from three 
trustees to one, or through vacancy, the contract 
should be made at a meeting of both. 

But when one gives to another due notice of a meeting which 
the other neglects to attend, a contract of the one with a 
teacher satisfactory to the inhabitants of the district may be 
approved. 

The two may hire a teacher before school meeting for the 
coining year. (D 4403) 

In union free school districts the contract is usually 
made with the superintendent or the secretary, as 
agent for the board of education. 

The board may delegate to one or more of its members the 
power to hire and contract with teachers. — 5. B. xiv. 83. 



District] What Teachers may be Hired 77 

This is true also in districts. (74 Me 462, 46 N W 1053, 48 
N W 82, 16 Wis 316) 

The president and secretary of a schoolboard signed con- 
tract for an additional six months service, thinking board 
would ratify. The board refused to ratify and was sus- 
tained. (68 N W 584) 

What teachers they may hire 
The teacher must be 18 years old. (550) 
Trustees may however contract with a minor if 

more than 18 years old. 

In most states a contract with a minor is binding upon the 

district but not upon the teacher, who as a minor may decline 

to fulfil the contract, or having taught for a time may decline 

to teach longer. (D 2294) 

(3 Bart 115, 12 Lea 30, 15 Mass 272, 23 Me 569, 50 Vt 30, 38 Wis 100, 51 

Wis 554) 

In New York, however, failure on the part of the teacher to 

complete a contract without good reason is sufficient reason 

for revoking his certificate. 

The laxitv of the law toward minors is intended for their exclusive benefit 

in protecting them from the frauds and deceptions which, owing to their 

weakness and inexperience, others of riper years might be enabled to 

practice upon them. 

The teacher's wages must be paid to him, and not to his 
parent or guardian even though he is a minor. 

(6 Ala 501, 3 Bart 115, 16 la 214, 22 la 171, 23 Me 569, 12 Mass 375, 15 
Mass 272, 15 Mass 28, 3 Peck 291, 4 S & R 207, 16 Vt 42. 1 Ware 462, See 
37 Vt 647) 

A minor son living with and supported by his 
father is not supposed to be his father's agent in 
procuring a tutor during his vacation. A tutor 
therefore can not recover from the father in absence 
of a contract with him. (Peacock vs Lauton, RISC 
1902) 

The teacher must not be related to any trustee by 
blood or marriage, except with the approval of 



78 Trustees : Hiring Teachers [Part I 

the voters of such district present and voting upon 
the question at an annual or special meeting of the 
district. (564) 

A teacher employed in violation of this provision has no 
claim for wages against the district, but may enforce the 
specific contract made against the trustees consenting to such 
employment as individuals. (565) 

This prohibition cannot be evaded by the trustee's delegat- 
ing the hiring to his associatiates (D 1825, 2217) or to the 
principal of the school (D 2081). 

But the hiring of a teacher who is related to the trustee 
within the prohibited degrees without the requisite consent of 
the voters at a district meeting being previously secured, is 
secured by subsequent action of the voters by a § vote ap- 
proving of such employment. The trustee, the teacher, and 
their relatives, if qualified voters of the district, are entitled 
to vote upon such a question (D 3758). 

Where the district has three trustees, a relative of any one 
of them cannot be hired by the other two unless a meeting of 
the district approve of it by a two- thirds vote {721). 

The law formerly made the limit of relationship two de- 
grees {.395-399), but the amended law makes no limit as to 
relationship and it is to be construed literally. The trustee 
cannot hire a teacher who is related to him in any degree — 
{Letter of Sup't Crooker, Au^. 15, 1894) 

The prohibition regarding the employment of a relative as 
a teacher applies to union schools, but may be waived upon 
consent in writing of § of the members of the board of 
education. 

Relationship by marriage ceases upon the death of the 
wife or husband. 

Of course the trustee cannot hire himself. (D 1665, 1753, 
1803, 2114, 3 Bush 255, 25 Wis 551) 

Nor can he hire his wife. 

A contract with the wife of a member of the board of 
trustees is contrary to public policy and void. The earnings 



District] What Teachers may be Hired 79 

of the wife constitute a part of the community property of 
husband and wife. (70 Pac 40 1) 

Nor can he hire the school commissioner. 

Trustees may contract with a married woman. 

At common law married women are disabled from making 
such contracts, but in New York and most other states the 
right to make contracts and receive wages is given them by 
statute. 

They may not contract with any one who wears 
while in the performance of duty any dress, mark, 
emblem, or insignia indicating that the person is a 
member or adherent of any religious order, sect or 
denomination. (77 N E 612) 

Wearing an unusual and distinctive garb, one used exclu- 
sively by members of a certain religious sect, and for the 
purpose of indicating membership in that sect, by public 
school teachers, constitutes a sectarian influence prejudicial 
to the interests of the public school system and must not be 
persisted in. Pupils in a common school should not be per- 
mitted to address the teachers by an assumed religious name, 
Sister Mary or Sister Martha, but by their family name with 
the prefix, Mr., Mrs., or Miss, as the case may be. (D. 3520, 
21Misc729) 

In Pennsylvania this has been decided otherwise. (26 
L R A 203) 

In New York the court of appeals in the case of James 
Sargent vs. the city of Rochester, decided that the board of 
education could pay members of Catholic religious orders for 
teaching pupils of the city in orphan asylums and other 
charitable institutions. 

The education department ruled June 13, 1903, 
that the board of No. 3, Orangetown, could not make a 
rule restricting employment to college graduates. 
But as the board may hire whom they like they can 
enforce a provision like this if they choose. 



80 Trustees : Hiring Teachers [Part I 

In the case of Steinson vs New York board of 
education, the supreme court decided Aug. 4, 1897, 
that a school is not a pubHc department of the state, 
and hence does not come under the law providing for 
preferential employment of veterans. 

They may employ only qualified teachers, that is 
teachers who hold legal and unexpired certificates to 
teach in thio state. (195) 

(40 Atl 806. 2 Coldw 18. 29 Hun 606, 15 111 65, 16 111 147. 39 III 101, 39 111 
609.69 11180. 71111732. 86 111596, 87 111255, 92 111293. 112 11111. 10 111 A 
643. 26 111 A 379' 26 Ind 337. 69 Ind 80. 70 Ind 575. 79 Ind 585, 17 la 228. 
20 Me 37, 26 Me 56, 12 Minn 448, 27 Minn 433. 31 Minn 319, 12 .hio Cir 247. 
61 Pac 250, 63 Pac 328, 12 Vt 586, 41 Vt 353. 46 Vt 562) 

This restriction does not apply to superintendents of 
schools (45 N W 989) ; though Pa. makes the same require- 
ments of city or borough as of county superintendents, and 
many states make the requirements higher than tor teachers. 

There is no such restriction upon school commissioners. 

It applies to teachers of evening schools and to substitutes, 
though Utah permits substitutes for a day or two to teach 
without certificates. 

The requirement is mandatory and cannot be waived. 
(26 Vt 115) 

It holds even though the examiner wantonly refuse to 
examine. (20 Me 37) 

If an unqualified person is hired as teacher he has no claim 
for wages against the district, but may enforce the specified 
contract against the trustees as individuals (565) 

No part of the school moneys apportioned to a 
district can be applied or permitted to be applied to 
the payment of the salary of an unqualified teacher, 
nor may his salary, or any part thereof, be collected by 
a district tax. (555) 

Any trustee who applies, or directs, or consents to 
the application of any district money to the payment 



District] What Teachers may be Hired 81 

of, an unqualified teacher's salary, thereby commits a 
misdemeanor; and any fine imposed upon him 
therefor is for the benefit of the common schools 
of the district. (556) 

In Tennessee it is an indictable offence. (2 Cold 181) 



CHAPTER VI 
Trustees : Qualified Teachers 

What constitutes a Qualified Teacher 

No teacher is qualified who does not possess (1) an 
unannulled diploma granted by a state normal school, 
or (2) an unrevoked and unannulled certificate of 
qualification given by the superintendent of public 
instruction, or commiosioner of education, or (3) an 
unexpired certificate of qualification given by the 
school commissioner, city superintendent, or board 
of education, within whose district or city such teach- 
er is employed (550) . 

No person is deemed to be qualified who is under 
the age of 18 years. (550) 

The commissioner of education may grant under 
his hand and seal of office a certificate of qualification 
to teach, and may revoke the same. (552) 

Such certificate may be granted by him only upon 
examination. (552) 

He determines the manner in which such examinations are 
conducted, and designates proper persons to conduct the 
same, and report the result to him. He also appoints times 
and places for holding such examinations, at least once in each 
year, and causes due notice thereof to be given. (552) 

The powers of the commissioner of education as to 
examinations are unlimited though most states make speci- 
fications by statute. 

The Indiana circuit court decided Oct. 15, 1898, that the 
state board of education did not have authority to require 
Guizot's History of Civilization for teachers examinations. 

(82) 



District] Teachers' Certificates 83 

It will be observed that in New York all licenses now 
depend upon examination, and this rule is becoming 
universal in the United States . 

In the few states where the employing authority is still 
also the licensing authority a formal examination is sometimes 
waived, as the employment of the teacher is in itself an 
evidence that the licensing authority has decided that he is 
competent to teach. 

The tendency is also to tritst less and less to the general 
impression of the examiners and depend more and more on 
fixed requirements. The regents examinations of New 
York, where the same questions, prepared from a central 
office, are used simultaneously all over the state, and papers 
examined at the central office, have set an example which 
is bearing influence in all directions and in some states is 
already followed. 

In many states teaching is Hmited to those subjects in 
which the candidate has been examined. In some the wages 
are made dependent on the grade of the certificate. 

Some states impose special penalties in the law against 
those who shall be dishonest in the examination. Thus, in 
Ky. and in So. Dak. any person who unlawfully obtains, or 
attempts to obtain, or sells, barters or gives away to an 
applicant tor a certificate, or any other person any question 
or questions prepared or sent out by the state board of 
examiners, is guilty of misdemeanor, and must be fined not 
less that $50 or more that $100; and in Fla. any person or 
persons who are found guilty of securing or attempting to 
secure the prepared questions or who furnish the prepared 
questions to any teacher or other person in any other way 
than prescribed, are debarred froin teaching a school or 
from holding any school office in the state. 

In a recent case it was however decided that valid cer- 
tificates honestly obtained may not be revoked for "unpro- 
fessional conduct" which consists in violating rules for the 
examination of teachers by asking variation of rules, for- 



84 Trustees— Qualified Teachers [Part I 

warding papers irregularly prepared, telling one of the board 
of exaininers that she had considerable influence with the 
county superintendent, and informing one of the board of 
directors that she had gotten a first grade certificate though 
it was not granted to her. A teacher cannot be deprived of 
a valuable vested right for mere inconsiderate language 
or slight impropriety of conduct. (57 Pac 361) 

A teacher must attend the examinations in her own dis- 
trict or obtain permission of her commissioner to attend 
those in any other district; otherwise the certificate obtained 
in such other district need not be endorsed. (D 4728) 

While examination is the first step toward obtain- 
ing a license, it does not of itself entitle a candidate 
to a license. It is sufficient proof of scholarship; 
but the exainining-ofificer is required to satisfy him- 
self also that the candidate is personally a fit person 
to be a teachei, and he must refuse a license unless 
the evidence on this point is satisfactory to him. 

A commissioner is justified in withholding a certificate 
to teach from any applicant, where he is satisfied that evidence 
of good character does not appear. * * * It must be borne 
in mind that the commissioner is the servant of the people, 
pledged to protect their interests and rights in matters per- 
taining to the education of their children, and he has no right 
to imperil these interests by legalizing the presence and labors 
amongst them of a person concerning whose moral reputation 
there is a doubt. (D 4202, 3750, 4743) 

It is obvious that a teacher might have the necessary 
literary acquirements and capacity to govern, and be a person 
of good moral character, and yet be an unfit person for the 
services required. A teacher might have personal habits or 
manners so oft'ensive as to make his influence upon the scholars 
injurious. He might be too severe in his requirements; 
inclined to devote too much time to the older or better 
scholars, at the expense of the younger or more ignorant; 
a person of strong prejudice; a decided partisan and pro- 



District] Granting Certificates 85 

pagandist in politics or religion; unskilful in imparting 
knowledge, or unable to appreciate the difficulties of begin- 
ners; and still be a person of sound morals, great learning, 
and undoubted capacity to govern. Yet all these consider- 
ations might very properly be regarded in considering "his 
qualifications for teaching". (9 Allen 96) 

The following principles laid down in the Ky. 
Report for 1878, p. ISO, will always be of much weight: 

The qualification required of a candidate is to teach the 
elements of a plain English education. It is not unfrequently 
the case that a candidate may be thoroughly versed in 
certain branches, and yet be void of all aptitude to impart 
instruction and draw out mind (sic). The board in granting 
a certificate, should therefore address itself more to the 
teaching capacity of an applicant than to the amount of 
knowledge he may possess. The art of teaching being of so 
great importance, the examiners should value highly a habit 
of inquiry into the best modes of instruction. If the 
candidate has read and is familiar with the best treatises on 
pedagogics, and is a subscriber to a school journal, these 
facts should add at least 20% to the merit of an examination, 
and also help to determine the class and grade of a cer- 
tificate. 

In this matter the law leaves much to the discretion 
of the licensing officer, but it does not permit him to 
refuse a license out of malice or ill-will. (104 Ind 
548; 52 la 111) 

It has been decided that in such a case the teacher may 
recover damages at law ; nor is he compelled in order to show 
malice on the part of the officer to prove personal malice or 
ill-will, for if the officer acted rashly, wickedly, or wantonly 
in refusing the license, the jury may find malice. 

The New York law requires the commissioner to 
inquire into the moral fitness and capacity of candi- 
dates before granting them certificates of qualifica- 



86 Trustees— Qualified Teachers [Part I 

tion and a commissioner is under no obligation to give 
a reason for not granting a certificate. (D 3817, 
4743) 

The Philadelphia supreme court in the case of Kell 
vs. Rudy, 1896, decided that though the teacher had 
all the educational qualifications, the superintendent's 
action in refusing a license because of the candidate's 
habit of using intoxicants and reputed immoral char- 
acter was judicial, and no mandamus could be issued. 

The courts cannot compel a licensing officer to grant a 
certificate. (37 Conn 103, 43 la 5921, 52 la 111, 23 Neb 
655, 2 N W 1009. But see 76 Cal 745, 81 Cal 542, 18 Pac 
766, 22 Pac 890) 

But they may compel him to act upon an application for 
one. (2 N W N S 1009, High's Extraordinary Legal Reme- 
dies, Sees. 24, 34, 43) 

The licensing officer may be compelled to change the date 
of a certificate to that when it was really given. After an 
officer has decided that a certificate should be given, the 
granting it is a ministerial act and may be compelled. (76 
NE530; 41 Pac 871) 

The employment of a teacher who was granted a pro- 
visional license ceases upon the refusal of the licensing 
officer in the exercise of his discretion to renew the license, 
and such teacher's right to draw salary terminates. (58 N Y 
734) 

While a uniform 1st grade certificate to be valid must be 
endorsed by the commissioner in the district where the school 
is to be taught, its possession is sufficient evidence of qualifi- 
cation, since the commissioner must endorse it unless there is 
valid reason to the contrary. (D 4888, 61 Pac 1063) 

The commissioner of education may also, in his dis- 
cretion, indorse a diploma issued by a state normal 
school, or a certificate issued by a state superintendent 
or state board of education in any other state. (552) 



District] Granting Certificates 87 

Such indorsement confers upon the holder the same privi- 
leges conferred by law upon the holders of diplomas or 
certificates issued by state normal schools or by the com- 
missioner of education in this state. (552) 

Comparatively few states have thus far given power to 
endorse certificates from other states, as in many of them the 
statute requires examination. Alabama, Florida, Indiana, 
Maryland, New Jersey, Oregon, and Pennsylvania have re- 
ciprocal relations with New York. 

The California law permits county boards of ed'n to grant 
county certificates to holders of state normal diplomas of 
other states without examinations. County certificates of 
the highest grade may also be granted to holders of California 
university diplomas. But it is held that the holder of a 
university diploma cannot compel the county board to issue 
a certificate, the word being tnay, not must, and to compel 
granting would give graduates of foreign normal schools the 
same privileges as those of graduates of state normals, and 
prevent county boards from establishing their own standard 
of proficiency. (60 Pac 1092) 

He may also, in his discretion, issue a certificate 
without examination, to any graduate of a college or 
university who has had three years experience as a 
teacher. Such last-mentioned^ certificate is known as 
the "college graduate's certificate", and may be re- 
voked at any time for cause. (552) 

This is an exeption from examination, on the ground that a 
graduate of a reputable college has already undergone suffi- 
cient literary examinations, and in a four years course has 
sufficiently demonstrated good character to make it safe to 
grant him a certificate. See corresponding privilege to high 
school graduates, page 296. 

College graduates may have certificates without examina- 
tions in Kansas, Minnesota, Wisconsin, and other states. 



88 Trustees - Qualified Teachers [Part I 

He may also issue temporary licenses to teach, 
limited to any school commissioner district or school 
district, and for a period not exceeding 6 months 
whenever, in his judgment, it may be necessary or 
expedient for him to do so. (552) 

This is an absolute power, and is meant to provide for 
emergencies, where the teacher is probably qualified for ex- 
aminations but has not had opportunity to take them, as 
where he has just come from another state and is needed to 
begin work at once. 

In Michigan the law provided that the secretary of the 
schoolboard might grant a special certificate, good till the 
next public examination, but such certificate granted to a 
candidate who had failed to pass four days before was invalid. 
(71 Mich 361) 

In cities and in villages employing a superintendent 
primary and grammar teachers must either (1) hold a 
New York State or college graduate certificate or 
normal diploma; or (2) have had 3 years successful 
experience and a valid certificate; or (3) have gradu- 
ated from high school, academy, or institution of like 
rank, having a course of not less than 3 years approved 
by the commissioner of education, and subsequently 
from a training-class having a course of not less 
than 38 weeks, approved by the commissioner of 
education. (551) 

The city may require additional qualifications, but one of 
these three must be insisted on. (551) 

High school teachers are not subject to these restrictions, 
the only requirement being that they hold some form of 
license valid in schools having an academic department. 

These are the statutory requirements for teachers' 



District] Annulling Certificates 89 

certificates. The regulations made by the regents of 
the university are given in chapter XXIV, pages 
287-314. 

In an action for salary the regularity of a certificate once 
granted cannot be attacked. (59 Pac 885) 

But where there is evidence of fraud in granting the 
certificate this may be considered. 

In 1896 B. F. Bray was candidate for county superintendent 
in Lincoln county, Okl., but during the campaign it was found 
that he was not qualified under the law. He took examina- 
tion in Pottawatomie county Oct. 28, but did not pass. Yet 
he presented a certificate purporting to be signed by the coun- 
ty superintendent of that county, and was elected. The 
court held that it was immaterial whether the signature 
was genuine, because the examination papers showed that he 
did not pass the examination, and hence was not entitled to 
the certificate or eligible to the office. (48 Pac 116) 

It will be observed that the statute specifies that 
the certificate must be unrevoked and unannulled. 

Certificates may be annulled by the commissioner of 
education upon cause shown to his satisfaction, or 
by the school commis ioner for immoral character. 
(336, 552, 554; 82 N E 792. See 21 Barb 252) 

It will be noted that there is only one cause for which the 
school commissioner may annul a certificate. Revoking a 
license is not a judicial act, but must be for statutory cause 
(82 N E 792). On the other hand the county superintendent's 
bias and want of judicial capacity are not grounds for inter- 
ference by the courts. (82 N E 792) 

To annul a certificate for immorality is justly 
regarded as a severe, almost a disastrous punishment, 



90 Trustees- Qualified Teachers [Part I 

and in all states precaution is taken to guard the 
teacher against injustice. 

(1) A certificate may not be annulled for moral 
delinquencies knoivn at the time of issuing the cer- 
tificate, where no subsequent bad conduct of the kind 
is known to have occurred. 

On the other hand it may be annulled for any cause which 
if known at the time of issuing the certificate would have 
been sufficient ground for withholding it. 

(2) The teacher must have notice, and opportu- 
nity to defend himself. (554) 

The notice should be at least 10 days (10 Barb 290). 
The respondent must have opportunity to defend, to con- 
front and to cross-examine the witnesses against him. 
(D 3510) 

In 1902 a teacher in Henry county, Indiana, was hired as 
a married man. His wife left him, charging him with moral 
unworthiness, and the county superintendent revoked his 
license without examination. This action the state super- 
intendent reversed. 

In some states, where the offence comes under the personal 
observation of the commissioner, as where a teacher writes 
to the commissioner a scurrilous and obscene letter (D 3928), 
no notice is required. 

(3) The charges must be definite and specific; it 
of an immoral habit, one or more instances must be 
specified. 

No general charge of immoral character will be sufficient 
to put a person on the defensive. The charges should 
specify immoral acts of the teacher and should be drawn with 
as much care and distinctness as an indictment, so that she 
may know just what she must meet. (D 3510) 



District] Annulling Certificates 91 

(4) The offence must be serious, so as to make the 
teacher's presence dangerous to the well-being of the 
school. 

In New York it has been decided that though intemperance 
is a sufficient charge (D 1942), the annulment may be with- 
held where there is fair hope of reform (D 1907). A single 
profane expletive uttered out of school and under sudden 
provocation would not warrant annulment. (D 2003) 

In New York a certificate may not be annulled because the 
teacher does not pay his debts (D 3686), though in 1877 the 
State superintendent of Wisconsin decided otherwise. 

But the commissioner of education will annul any certificate 
for frequenting saloons and disorderly houses (D 3863), for 
advertising pictures supposed to be obscene (D 3866), and 
for inflicting cruel punishment. (D 3863) 

All states authorize the revocation of certificates for immoral conduct. 
Fla. specifies "proven guilty of any ^ross immorality". Cal. and Ore. add 
"for unprofessional conduct"; N. C. adds "or other conduct unbecoming a 
teacher"; Pa. and Ga. add "cruelty"; S. D. and Mont, add "intemperance, 
cruelty, crime against the law", and Ga. and Ohio name "intem- 
perance, habitual profanity, dishonesty, larceny and other violations of law". 

Arizona sayst "Any teacher who shall use any sectarian or denomina- 
tional book or teach any sectarian doctrine, or conduct any religious exercises 
in his school, or who shall fail to comply with any of the provisions mentioned 
in section 89 of this act, shall be deemed guilty of unprofessional conduct, 
and it shall be the duty of the proper authority to revoke his or her certificate 
or diploma." 

Immorality in the teacher is so serious a menace 
to the community, that when he knows of it the 
commissioner should take action immediately; he 
need not wait tor charges to be preferred. 

The school law of Washington says: "The county super- 
intendent has the right, and it is his duty as a protector of 
the people from imposition, to make the charge himself if 
it is not made by others." 



92 Trustees: Qualified Teachers [Part I 

In New York commissioner'^ have no longer the right 
as formerly (D 2194) to annul certificates for deficiency 
in learning, or to re-examine a candidate holding a 
certificate. (4268) 

In Minn, a superintendent may cite for re-examina- 
tion any person holding a license and under contract 
to teach, and if satisfied that the teacher is not of 
good moral character or has not sufficient learning or 
ability, may revoke the license, whereupon the 
teacher's contract becomes void. It is manifest that 
this leaves the teacher in a state of uncertainty as to 
the future which the New York law prevents. 

Certificates may be annulled tor deficiency in ability 
to manage the school. 

In New York, commissioners no longer have the 
power to annul certificates for this cause (D 4268) ; 
but upon cause shown to his satisfaction, the com- 
missioner of education may annul any certificate. 
(336) 

The quickest remedy against an inefficient teacher 
is now probably to break the contract by dismissing 
him (see page 127), and let the teacher appeal if he 
choose to the commissioner of education. But appeal 
may be made to annul the teacher's certificate, and 
if the education department does so the contract is 
at once terminated. See page 89. 

In this matter the department will doubtless be 
governed by the same principles that were enunciated 
in its decisions while commissioners had this power, 



District] Annulling Certificates 93 

and we give some of the more significant, with cor- 
responding decisions in other states. 

On Dec. 28, 1886, Commissioner Perrin A. Strough revoked 
the license of Jessica Wells, teaching in No. 6, Cape Vincent 
after an examination at which the teacher and her counsel 
were present. There was no charge against her character, 
but it was claimed that she neglected her classes and was 
faulty in her methods. But two weeks before the commis- 
sioner had visited her school and had written in the register, 
"I am well pleased with all the school work, and believe that 
if the teacher had the hearty co-operation and support of 
the parents, this would be a term of school marked with more 
progress than any school I ever visited here." The annul- 
ment of a license is not to he resorted to for the purpose of remov- 
ing a teacher from the school because people in the district are 
dissatisfied with her. Moral delinquency, or a deliberate 
infraction of school laws, or the wilful defiance of the proper 
suggestions or directions of supervisory officers, or utter 
inability to follow them, may be sufficient ground for annul- 
ling licenses, but nothing less grave than this is. (D 3572) 
See pages 124 to 135. 

The action of a school commissioner revoking a teacher's 
license sustained, when the holder while teaching had engaged 
in other pursuits, and in consequence neglected his work in 
the school, and where it became apparent that the teacher 
had lost all interest in his work, had become lax in discipline, 
and had neglected to preserve order in the school. (D 3886) 

The annulment may be effected without notice, if deter- 
mined upon at a personal visit, but only when the result of 
positive observation, and not through malice and wantonly. 
(4511112) 

It appears hardly proper that a highly successful teacher, 
long believed to be excellently qualified, should be forced to 
abandon her chosen profession in which she has advanta- 
geously labored twenty years on the strength of an opinion 
based on a fifteen minutes' observation of her school. (D 
2480) 



94 Trustees : Qualified Teachers [Part I 

Inability to maintain order is sufficient cause, but 
specially adverse circumstances must receive consid- 
eration. (D 1982) 

Certificates may be annulled for unnecessary and cruel 
punishment, but not for choking or severe blows where re- 
sistance is encountered. But certificates may not be annulled 
on account of personal ill-will toward the teacher in the 
district. See above. See also Wis. Jour, of Ed'n, 1876, 
p. 296. 

Frank F. Gray, teaching the village school of Wellsburg, 
received on December 7, 1886, a notice from Commissioner 
Nichols that he should annul his certificate December 18 for 
"want of sufficient ability to teach". There had been 
dissensions in the district but "the assurances of prominent 
citizens of the locality whose credibility is undoubted, go to 
show that he is a man of sufficient general ability to teach 
school successfully, and I have no doubt, will do so if he can 
have the general good will of the community. No one can 
succeed without this. There is little reason to believe that 
the work of a teacher who might succeed him would have 
more cordial or general support than his work has." The 
order annulling the certificate is revoked. (D 3959, 82 N. E. 
792) 

Among specifications of other States under this head Ariz, 
and Cal. name evident unfitness, and Ohio, manifest incom- 
petency; which last word is used by Ga., La., Mont., Neb., 
N. J., Pa., S. D., etc. Fla. says "when the holder proves to 
be unsuccessful, incompetent"; and R. I., "for failure prop- 
erly to instruct and govern". 

Wilful failure on the part of a teacher to attend a 
teachers' institute as required, is sufficient cause for 
the revocation of a teacher's license by the comoiis- 
sioner of education. (82 N E 572) 



District] Annulling Certificates 95 

Most states have a similar provision. La., Neb., 
Ore., S. D., Utah, Vt., Wash. etc. (144) 

Any failure on the part of a teacher to complete 
an agreement to teach a term of school without good 
reason therefor, is deemed sufficient ground for the 
revocation of the teacher's certificate by the com- 
missioner of education. (137) See page 123. 

Mont, suspends the certificate for 6 months, or one year, 
and Cal. for one year. 

In Vt. it has been decided that a teacher who contracts to 
teach for a definite time and gives up the school without 
just cause cannot sustain an action for such services as were 
rendered. (27 Vt 646. 29 Vt 219) 

Some offences that have been specified as warrant- 
ing the annulment of a certificate are as follows : 

In New York falsification of the register of attend- 
ance (D 38533^2); in Mont., N. D., refusal to perform 
his duty; in Va. closing school on a school day; in 
Kan. failure to pay reasonable attention to the sug- 
gestions of the county superintendent. 

Va. and R. I. say that certificates will be liable to 
revocation "for good cause", and N. C. authorizes the 
county superintendent, with the approval of the 
chairman of the board of education, to revoke a 
certificate "for the same cause or other causes damag- 
ing to the school interests and satisfactory to himself". 

In regard to this as to other acts of school officers 
by which he feels himself aggrieved, the teacher may 
appeal to the commissioner of education, whose 
decision is final. See page 143. 



96 Trustees : Qualified Teachers [Part I 

The teacher must possess the certificate; that is 
he must hold it at the time the contract is made. 
(D 3670, 4888, 25 S E 830, 87 111 255, 43 Pac 907) 

Of course this restriction as to dating does not apply to 
subsequent dating of certificates in New York. See p. 290. 
When a teacher has notice that she is entitled to a certificate 
she is competent to make a contract although the certificate 
has not been issued. (D 5295) 

But in other states a letter from a county superintendent 
stating that a temporary certificate will be granted is not the 
equivalent of the certificate. (93 Pac 907) 

It is not sufficient that this certificate be obtained after the 
contract is made, even if it be antedated, for "a teacher's 
certificate must bear the same date as the examination, and 
cannot legally bear any other." 

(1 Colo A 27. 29 Hun 606, 16 III 147, 87 111 255, 92 111 293, 69 Ind 80, 70 
Ind 575, 20 Me 154, 12 Minn 448, 27 Minn 433, 98 Wis 22, But see 36 111 
A 45, 20 Vt 487, 28 Vt 575, 29 Vt 433. 42 Vt 353) 

In Vt it has been held that wages could be collected for teaching under an 
antedated certificate. (41 Vt 453, See 1 Colo A 27) 

In some states, this does not render invalid a contract of 
employment entered into with a teacher before he obtains a 
certificate, provided he obtains it before he begins to teach. See 
D 4888. An Ohio court ruled: 

"The law forbids the employment of a teacher who has not a 
certificate. The teacher is not employed within the meaning 
and intent of this provision until he engages in the discharge 
of his duties as teacher. The mischief intended to be 
guarded against was the teaching of a school by an incompe- 
tent person, and not the making of a contract by an incom- 
petent person." (15 111 65, 88 111 648, 42 111 A 570, 36 111 A 
133, 65 111 A 104, 88 111 A 648, 22 Ohio St 194, 28 Vt 575) 

In Iowa, the state superintendent decided, Dec. 21, 1887, that a teacher 
may legally contract with a board before receiving a certificate of qualifica- 
tion. However, she may not begin teaching without said certificate. — S. B. 
xiv. 83 



District] Possession of Certificate 97 

In Vt. it has even been held that the law is satisfied if the teacher obtains 
a contract on the evening of the first day of school (28 Vt 575, 46 Vt 452) ; 
and that if a person begin? to teach without a certificate and continues to 
teach after obtaining one. he is considered to have made a new contract, 
beginning at the time when the certificate was obtained, and having the 
same terms as the one under which teaching was begun. (46 Vt 452) 

In Minn, a person began teaching under a contract. He taught 3 weeks; 
then obtained a certificate and made a written contract to nm 3 months 
from the time he began teaching. Held that he was entitled to wages after 
the certificate was obtained, but to no pay for the previous 3 weeks. (20 
Minn 72) 

In 111. a certificate was not obtained till the middle ot the te/m. A new 
contract was entered into at that time to pay the teacher double wages ior 
the rest of the term. Th's was considered an attempt to do indirectly what 
there was no power to do directly; and therefore the contract was held void. 
(71 111 532. See also 16 111 147, 39 III 609, 87 111 255, 92 111 293; but compare 
35 Vt 520) 

In Mo. it has been held that under a statute requiring the teacher to pro- 
duce a license before employment the spirit of the law was complied with 
if the commissionei did not renew an expired license in presence of the 
trustees, in writing, but declared the teacher competent and gave his sanction 
to his going on with the school. (66 Mo 286) 

The teacher may be discharged at any time on 
failure to produce a certificate (732) 

Some states explicitly require the candidate to exhibit the 
license to the trustees. (53 Ark 468, 15 111 65, 16 111 147, 39 
111 609, 87 111 255, 92 111 293, 112 111 11) 

It has been held that a teacher may be discharged if he 
cannot produce his license, the fact not being considered that 
one has been granted which has miscarried or otherwise been 
lost (53 Ark. 468). But usually the teacher may show that 
he was entitled to a certificate, if it is withheld by inad- 
vertence. (29 Vt. 433; 61 Vt. 107) 

Nor may any trustees contract with any teacher 
whose certificate of quaHfication does not cover a 
period at least as long as that covered by the contract 
of service. (562) 

(D 3734 4002. 118 Mich 469. 43 N W 1062. 76 N W 1038. 63 Pac 213) 



98 Trustees : Qualified Teachers [Part I 

Some states are very liberal in this respect. In Vt. it 
has been held that where a teacher taught 5 weeks before his 
license expired and 6 weeks afterward without a new certificate 
she should recover for the entire 11 weeks. In Colo, if the 
license expire within a month of the end of the term, he may 
finish the term without a new certificate; and Id. and Utah 
extend this time to 6 weeks. 

Of course the annulment of a license immediately termi- 
nates the contract, even though it be plainly illegal and an 
immediate appeal be taken. (D 2145) 

A -w-ritten contract for 3 months contained an agreement 
to give the teacher a contract for 5 months more if she was 
satisfactory. Her certificate was good only for 2 months 
beyond the first 3 months. Held that since she was not in 
position to make contract for the additional 5 months, she 
could not maintain action for breach of contract. (76 X W 
1038) 

It has been held in Xeb. if the teacher has been paid for a 
part of the term during which he did not hold a certificate 
the money can not be recovered. (13 Xeb 52, 13 X' W 16) 

In Mo. it has been held that if the teacher has a certificate 
covering part of the term of employment and obtains another 
on its expiration, that is sufficient. Hibbard vs. Smith. 
But that is not the usual view. (63 Pac 213) 

Michigan (Sec. 4S10) pro\-ides that a commissioner of schools who has 
held office under 147:1891 is eligible. Held that this indicates an intention 
to pro\-ide that once elected the person is always eligible. (14 Det Leg iv. 
840, 114 N W 927) 

It has been held that the licensing-officer may not procure 
a mandamus to prevent an unlicensed teacher from teaching. 
(17 la 228, 9 X H 722) But any tax-payer may enjoin 
payment to such a teacher. (9 X H 722) 

A teacher's authority to teach, however, cannot be 
questioned for the want of a certificate by either the 
pupils or their parents. The schoolboard alone can 
raise the question. (26 Me 36; 59 X H 473) 



District] Unqualified Teachers 99 

It has been held that an unlicensed teacher was 
liable to action for assault and batten^ if he resorted 
to corporal punishment; that his authority came only 
from his certificate. 

Horace Mann held that in such a case the teacher 
could be effectively defended : 

"On the other hand, some incline to the opinion 
that a teacher without a certificate, though not in 
law a teacher, yet is so in fact; and while the actual 
relation of teacher and pupil subsists, all the legal 
powers of a teacher attach to this relation, and may 
therefore be exercised by them. If a school kept by 
a teacher without a certificate is not a public school, 
then it must be a private school; and the teacher of a 
private school has as clear a right to inflict punish- 
ment, in exigencies that require it, as any other 
teacher, or as any parent." — 10th Mass Report, p. 169 

The courts have taken this view. (13 Neb 52; 
59 N H 473; 27 Vt 755) 

Sup't Morrison decided (5. B. xii. 62) that the law 
does not prohibit one pupil from instructing others, 
but this could not be allowed as a substitute for an 
adequate teaching force. If a school is too large 
for the teacher, the trustee should provide an addi- 
tional teacher. 



CHAPTER VII 

Trustees: Duration of Contract 

Trustees of school districts or boards of education 
who employ any teacher to teach must, at the time of 
such employment, make and deliver to such teacher, 
or cause to be made and delivered a contract in 
writing, signed by them, or by some person duly 
authori7,ed to represent them in the premises, in which 
the details of the agreement between the parties, 
and particularly (a) the length of the term of em- 
ployment, (b) the amount of compensation, and (c) 
the time when such compensation is due and payable 
are clearly and definitely set forth. (562) 

In some states absence of a written contract makes the 
contract void. (l.'JO Ind .503, 25 Ind Ap 161, 22 L R A 515, 
105 Mass 102, 19 Minn 203, 39 Minn 499, 3G N E 141, 57 N E 
732, 80 N W 354, 87 N W 80) 

Although a contract between a teacher and the school 
district board must be in writing, it need not be reduced to 
writing during the session of the board, but it is sufficient 
if made by parol during such session, and signed after the 
adjournment of the board. (42 Kan 695) 

Essie Fisher was engaged to teach at National Mine, Mich., 
one year beginning Sept., 1895. There was no written con- 
tract, but the clerk of the board gave her notification which 
she accepted by letter. Three days before school, opened 
the clerk notified her that her services were not needed. She 
replied that she regarded the former notice as a contract, 
brought suit and recovered salary for the year. — Mich. 
Moderator ]iin. 21, 1897. 

A teacher had a written contract with the school district 
to teach the school in the district for a term of 6 months. 

(100) 



District] Contract must be Written 101 

He taught until the expiration of 6 months from December 
11, and testified that, before the expiration of this time, he 
made a new arrangement, orally, with the board to continue 
the school for another month, under the old contract. He 
received pay for the full C months covered by the original 
contract. Then, in this action, he recovered a judgment for 
S35, the value of the service for the extra month, under the 
new arrangement. 

The school district contended that the contract, not being in 
writing, was not enforceable. The teacher, on the other hand, 
contended, first, that this was not a new contract, but an 
enlargement of the original one, which was in writing. This 
proposition is not tenable. The law contemplates that all 
the terms of the contract shall be in writing; and if, under a 
claim of enlarging or continuing a written contract, the 
board might make the principal part of it rest in parol, or 
in an oral agreement, it would have the effect to render the 
statute of little value. 

It wa.'^ further contended that, the contract having been 
performed by the teacher, he was entitled to recover, not- 
withstanding the state statute, which requires that all such 
contracts shall be in writing. There is nothing ambiguous 
about the terms of this statute. The district board is a board 
of limited powers, and no good reason can be urged why, 
when the statute is express and limits their power to contracts 
in writing, it should not be observed. In a previous case (61 
Mich 299) it affirinedthat, where a written contract was signed 
by a majority of the board, and was presumptively valid on 
its face, the execution of such a contract, not duly authorized, 
might be ratified by the board without a formal meeting. 
Where there was a written contract, valid on its face, actually 
carried out in full, and acquiesced in by all concerned, the 
court held (62 Mich 153) that it could not be subsequently 
repudiated. The effect of these cases was to hold that one 
contracting with the school district in writing, and whose 
contract is signed by the officers contemplated by the statute, 
may rely upon the appearance of authority, and assume, at 



102 Trustees : Duration of Contract [Part I 

least, after his services have been received without murmer or 
complaint, that authority had been duly granted to execute 
the contract. 

This case is to be distinguished from one (110 Mich 363) in 
which all the officers of the district ratified a contract not 
required by the terms of the statute to be in writing, where 
the only question was whether the informal action of the 
board should be sustained. Here the plaintiff (teacher) is 
presumed to know the law, and must be held to know that 
the contract under which he assumed to render service to the 
district was one prohibited by the statute because not written. 
He was not misled as to the authority of those with whom he 
assumed to contract, but stood upon equal ground with the 
school board, and, although it may be a case of hardship, the 
contract is one not enforceable, and a verdict should have 
been directed for the defendant (school district). (87 N W 
80) 

In Ky. a verbal contract is sufficient, provided the city has 
not itself passed some statutory provision requiring con- 
tracts in writing. (Roberts vs. Clay city, Ky S. C. May 9, 1900) 

A written contract may contain more than one instrument. 
(72 N E, citing 149 Ind 152) 

Va. imposes a fine of $50 upon any school-board that fails 
to enter into written contract in form prescribed. 

In New York failure to give the teacher a written 
contract does not vitiate the contract. (D 3640. See 
33 la 105, 40 la 444, 63 Mo 137, 13 Pac 329) But it 
makes it difficult for the teacher to prove what were 
the terms of the contract, in case there is a dispute 
(D 3890). Where the case is difficult to determine 
(D 3768, 4263), or where the amount of damages is 
indeterminate (D 3768, 3797) the commissioner of 
education will refuse to interfere, and refer the 
matter to the courts. 



District] Contract must be Definite 103 

The contract must be definite. (562) 

(72 N E 159, citing 136 Ind 503, 25 Ind Ap 161, 22 L R A 515, 105 Mass 
102, 19 Minn 203, 36 N E 141, 57 N E 732) 

It must be so plain as to be capable of specific enforcement. 
(77 Ind 447, 127 Ind 95, 26 N E 686, 56 N E 524, 72 N E 159) 

A teacher was employed at a certain regular meeting on 
condition that she should attend at some place of learning a 
summer training school, but the contract did not say when 
school was to begin, what grade she was to teach, nor how 
much she should be paid. Held not sufficiently definite. (72 
N E 159) 

In the absence of fraud, accident, or mistake, it 
will be conclusively presumed that the contract 
contains the entire agreement of the parties. (52 
la 130, 25 S E 830) 

When a teacher accepted a written contract for 16 weeks, 
but claimed to have been hired for 36 weeks, the burden of 
evidence to dispute the contract is upon the teacher. (D 
3944, 4767) 

An application by a teacher for position and an 
order by the board to employ her are not sufficient to 
constitute a contract. (72 N E 159) 

On the other hand a resignation may be recalled 
before it is acted upon. 

A teacher and a board of directors of a school district 
entered into a written contract for the former to teach the 
public school in such district for a term of 36 weeks, commenc- 
ing in September. He took charge of the school, and taught 
it up to the beginning of the winter vacation in December. 
Two days before he closed the school for the vacation, he 
handed a tender of his resignation to the president of the 
board, to take effect the day the school should close for the 
vacation. The president called a special meeting of the 
board for the Saturday evening following the closing of the 



104 Trustees : Duration of Contract [Part I 

school. That evening, after the mennbers of the board had 
convened, and before the tender had been acted upon, the 
teacher placed upon the secretary's table a writing, addressed 
to the board, stating that, after much urgent solicitation on 
the part of his many friends, he thereby withdrew his resig- 
nation. Nevertheless, the board accepted the resignation, 
and, when the teacher presented himself, after the vacation, 
ready and willing to continue to perform the duties of teacher 
under the contract mentioned, they forbade and prevented 
his doing so. Moreover, 2 days after the special meeting 
referred to, an order was drawn on the treasurer, and delivered 
to the teacher, for the balance due up to the commencement 
of the vacation, and this order was paid to him a few days 
later. 

Under such circumstances, could the teacher recover 
damages for breach of contract ? The supreme court of 
Iowa holds that he could. First of all, it does not consider 
that there was a renunciation of the contract upon his part. 
It holds that the writing in which he stated that he tendered 
resignation was simply an offer to resign, — to terminate the 
contract, — and, until accepted, was not binding upon either 
party. If it had been accepted (before being withdrawn), 
both parties would have consented to the termination of the 
contract; but, if not accepted (though not withdrawn), 
both would continue to be bound by the contract. Being a 
mere offer, the teacher making it had the right to withdraw it 
at any time before it was acted upon by the board. Where- 
fore, after its withdrawal before being acted upon, it was as 
if no such offer or tender of resignation had been made. At 
the time the board acted, it had no such offer to act upon. 

The tender of the resignation did not show an abandonment 
of the contract. Nor is one shown by the fact that he drew 
the balance of the pay due him, nor by the fact that he de- 
livered the key of the schoolhouse, on demand of the board, 
prior to the time when school was to commence again. He 
drew his pay to the end of the year because it was due him, 
and delivered up the key because it was demanded of him. 
The fact that the tender of resignation was handed to the 



District] Must be for Specified Time 105 

president, and retained by him, did not constitute an ac- 
ceptance of it, for the reason that it remained for the board 
to act upon the offer. 

It was further contended that if, by reason of the with- 
drawal, there was no resignation before the board, then 
their action was an order of discharge, under the section of 
the Iowa code, which provides that the board may, for 
sufficient cause, after a full and fair investigation, discharge 
a teacher. The court says that the proceedings at the special 
meeting were not intended to be, and were not, in fact, in 
pursuance of that provision of the statutes. No complaint 
of incompetency, partiality, or dereliction of duty was made 
against the teacher, nor was he called upon or permitted to 
defend against such accusations. Besides, the relief sought 
in this case being exclusively a money judgment, which the 
county superintendent had no power to grant, the court 
does not consider that the teacher lost any rights therein by 
not appealing from the action of the board to him. (82 N W 
444) 

The duration of the contract must be stated. (562) 

Agreements between teachers and trustees that either 
party may terminate the employment at any time are against 
public policy. Employment should be for a specific length of 
time. (D3678) See N. Y. Teacher vii. 421. 

The law does not permit trustees to assume dictatorial 
powers. It will not allow them to exact agreements of teach- 
ers into which a self-respecting person cannot enter ; nor will 
it allow them to turn a teacher out of the schoolhouse in the 
midst of employment only because of pique or spite, or in 
order to put some one else in. The employment must be 
at least for a reasonable length of time. It should be for a 
term at least — a time sufficient to enable a teacher to show 
proficiency or make so complete a failure that no district will 
employ him again. (D 3735) 

If the board make a valid contract, reserving the right to 
discharge a teacher whenever they see fit, then the public 



106 Trustees : Duration of Contract [Part I 

schools must be taught to suit the whims, caprices, and pe- 
pecuHar notions of the hiring board, and not as the teacher 
in the conscientious discharge of his duty should teach the 
same. They could compel teachers of district schools to 
teach the same to the satisfaction of the boards who hire 
them, instead of to the satisfaction of the people who com- 
pose the district, or in a manner most beneficial to the pupils, 
or as a good, competent, and faithful teacher ought to teach 
the same. (50 Wis 651) 

A rule that the teachers should be liable to discharge at 
the pleasure of the board is no defence to an action on a 
contract of hire for a specific term. (15 Colo 367, 55 Mo 149, 
60 Wis 651) 

A decision rendered Feb. 7, 1896, by the State superin- 
tendent of Washington contains this ruling : 

In this case two questions arise at the outset upon the 
determination of which will depend the decision of the whole 
matter: First, Is the provision in the contract empowering 
the board to dismiss at pleasure operative ? 

On the first question raised the assistant attorney-general 
has advised this office as follows: "All authority of the school 
board to employ a teacher is traceable to some provision of 
law. Such law is not only the source of their authority but 
the limitation of it. The power to discharge a teacher is 
restricted by the provision that the discharge must be for 
sufficient cause. The board cannot, by the form of the 
contract they enter into with a teacher, give themselves 
greater powers than the statute has conferred upon them. 
No power whatever is conferred upon the board to discharge 
a teacher, except for sufficient cause. Any provision there- 
fore in a contract with a teacher giving them the power to 
discharge at will is unauthorized and invalid." (50 Neb 171, 
69 Neb 772) 

But it is entirely a question of statute law. In states 
where the statute empowers the trustees to employ teachers 
and remove them at pleasure, this enters as part of any 



District] Must be for Specified Time 107 

contract made under it, and a teacher may be discharged 
notwithstanding the terms of his employment. (D 1845; 
of. 3888; 5. B. xv. 105) 

(12 Gray 339, 3 Hun 181, 26 111 379, 81 III A 304, 10 Kans 283, 123 Mass 
545. 1 Neb 76, 6 Neb 167, 19 Neb 494, 42 Neb 127, 49 Neb 759. 50 Neb 174, 
60 N W 347. 69 N W 114, 772, 97 Tenn 489, 38 Vt 602) 

This was true in New York city and Brooklyn previous to 
their consolidation into the Greater New York. (66 N E 675) 

Where board employs teacher for a year "unless sooner 
removed by the board" he cannot be removed without cause. 
(45 Pad 19) 

A stipulation to pay the teacher for time actually occupied 
in school does not prevent payment for such time as the 
trustees might arbitrarily prevent her from performing her 
duties. (60Pacll00) 

Trustees have the power to hire beyond their term 
of office, for a term not exceeding one year. A sole 
trustee has the same right. (D 3640, 4311, 4466, 
4888, 5295) 

(53 Ark 468, 63 Barb 177, 36 Conn 280, 8 Cush 191, 4 Hill 168, 4 111 A 224. 
4 Ind 396, 106 Ind 478, 126 Ind 528, 1 Ind A 138, 13 la 555, 75 Mo 408, 27 
N E 303, 34 La 354, 47 Mich 112, 67 N Y 36, 47 Pac 758, 20 Vt 487. 23 Vt 
416, 24 Vt 528, 56 Vt 551, 7 Wend 181, But see 87 111 255, 92 111 293, 24 
111 A 191, 5 Jones 98, 51 Mo 221) 

Texas upholds this right, which has been affirmed by courts 
of Mich., Ind., Wash., Ark., and federal courts. Delaware 
denies it. (42 Atl 368) 

In some states, the trustees may not engage a teacher after 
their successors have qualified (87 111 255, 4 111 A 224, 24 111 A 
191, 51 Mo 149, 55 Mo 149, 50 N W 293), or before the annual 
re-organization of the board (87 111 255, 92 111 293, 16 Wis 33), 
but may make contract for a term beginning after some mem- 
bers go out of office. (53 Ark 468, 106 Ind 478, 44 Mich 500, 81 
Mich 214, 67 N Y 36, 16 Wis 316) Ark., Minn., Ky. even 
forbid that contracts for the coming year be made before 
July 1. (42 Atl 368) 



108 Trustees : Duration of Contract [Part I 

In the absence of statutory limitations a school district 
can enter into a contract of employment with a teacher for 
a period of two scholastic years, though such contract ex- 
tends beyond the term for which some of the directors were 
elected. — Caldwell vs. No. 7, Lake county, U S S C Oregon, 
March 1, 1899. 

In New York common districts no contract for the 
employment of a teacher may be made for more than 
one year in advance; or for a shorter time than ten 
weeks unless for the purpose of filling out an unex- 
pired term of school. (562, D 4466, 5106, 103 N Y 
65) 

(87 111 255, 92 111 293, 4 111 A 224. 32 Pa 194, 28 Pa Sup 16) 

No such restriction is placed on hiring in union schools. 
(D3653) 

Some cities, like New York and Albany, m.ake the engage- 
ment of teachers permanent, either at once or after a year or 
two of probation. In such cities teachers may be removed 
only for cause. 

New Jersey has recently made this a law. 

Contracts should be made by the year, or for a 
certain number of months, weeks, or days. (12 
Gray 339) 

The school month is now almost universally regard- 
ed as 4 weeks of 5 school-days each. (2 Wallace 77) 

Where the time is not stated it must be assumed to be for 
a year. (170 Mass 289) 

A contract for one year is a school year. (72 Pac 408) 

Where a teacher was first engaged in 1880 ; in the summer of 
1881 was hired for another year; and in the summer of 1882 
was hired "for another term at a salary of $900 per annum", 
and discharged Nov. 29, 1882, held that the contract did not 
expire till the end of the school year, in June, 1883. (Sup't 
Gtlmour, N. Y., April 5, 1883. 50 Neb 171, 69 N W 172) 



District] Vacation; Holidays 109 

As to hours of school, see page 170. 

A teacher entered into contract for 3 months with option 
to teach the entire year if satisfaction was given. Held that 
she could not be discharged at the end of six months. (69 
N W 772) 

A contract for a year includes the two months of 
vacation (707) ; but during these months the teacher 
may teach another school or otherwise employ his 
time. {710) 

Usually the yearly salary is paid in 10 equal instalments, 
but in some schools it is paid in 12 instalments. Where 
engagement is by the month, and teachers receive one- 
twelfth of the annual salary each month, a teacher who has 
completed the school year must be paid for the vacation 
months, even if she has declined to remain.— 5. B. xiv. 95. 

A teacher engaged for a year at a specified salary was paid 
1-9 each month, on assumption there would be 9 months. 
There were 8 months. Held that she must be paid the other 
1-9. (Williams vs. Bagtelle, Cal.) 

A stipulation to pay "for the time actually occupied in 
school" must be construed simply as an intention to prohibit 
plaintiff from drawing her salary during vacation, or during 
the time she might be excusably absent or temporarily 
unable to discharge her duties, and not to apply to such time 
as the defendant might arbitrarily prevent plaintiff from 
performing her duties without discharging her under the 
contract. (60 Pad 100) 

Unless otherwise specified, the contract requires 
no school upon holidays. 

The commissioner of education directs that. Feb 12 
and Feb. 22 be observed by appropriate exercises in 
schools, programmes for which he supplies. Though 
these are holidays schools may be kept open or 
closed in the discretion of the school authorities. 
(452, 702) 



110 Trustees : Duration of Contract [Part I 

When a holiday comes on Sunday, it is celebrated on the 
Monday following. 

For these days no deduction from wages is to be made. 
But if the teacher keeps the school open on a holiday, he is 
not entitled to have such day's service counted in lieu of 
another day not a hohday. (39 Mich 480 ; 62 Mich 153) 

The custom is so well established of keeping the school 
in session on the five work-days of each week exclusive of 
Saturday, that to change this custom would require action 
by the board, but in Ohio they may authorize that there 
shall be no session on Monday. 

In Iowa it is lawful for a board to give teachers holidays and 
not deduct pay, and quite usual. The teacher, however, 
may not claim it as a right. 

Sup't Geeting of Indiana ruled that if the school be 
closed by the trustees that the pupils may attend the county 
fair, the teacher cannot be compelled to make up the time. 
Ind. School Journal, xiii. 15. (See 74 Ind 127) 

The statute requires that the teacher receive full 
pay for institute week. (623) 

Schools in cities and incorporated villages employ- 
ing a superintendent are not compelled to close for 
the institute, or to allow their teachers pay for at- 
tendance, but they sometimes do so. 

The trustees of every school district are directed to give 
the teacher or teachers employed by them, the whole of the 
time spent by them in attending at an institute or institutes 
held as hereinbefore stated, without deducting anything 
from the wages of such teacher or teachers for the time so 
spent. All teachers under a contract to teach in any school 
commissioner district must attend such institute so held for 
that district, even though at the time the school is not in 
session, and receive wages for such attendance. 

A teacher must be paid for the week spent at teachers' 
institute occurring during the term of employment. When, 



District] Institute Week 111 

at the request of a board of trustees, a teacher taught an 
additional, week, the teacher must be paid for that week at 
the contract rate. An attempt to compel a teacher to make 
up for the time spent at an institute will not be sustained. 
(D 3523) 

Arranging a period of vacation by a trustee so as to avoid 
the payment of wages during the week of a teachers' insti- 
tute, and which the teacher duly attended, is contrary to the 
statute. (D 3892) 

Teachers will be entitled to pay for a week during which 
school was closed in consequence of a teachers' institute 
having been designated for that week, but not held because 
of storms and floods which rendered it impossible. Also, 
to the week to which the institute was adjourned and held, 
school having been closed. (D 3623) 

A teacher may attend an institute outside her own district, 
if she has the consent of the trustee, the commissioner, and 
the commissioner of education. — 5. B. xx. 37. 

In S. D. teachers receive one-half pay for attendance. 
In Ore. they are paid for not more than 2 days. 

In some states the state even pays the necessary expenses 
for the holding of state associations of teachers, and teachers 
may suspend their schools for not more than 2 days in the 
year to attend such associations, and receive pay for their 
time. 

For penalty if teacher fails to attend institute, see 
page 94. 

A teacher of a district school neglected to attend the 
session of a teachers' institute, although the school was 
closed during the week, by the trustees' direction, because 
of a report which prevailed that a contagious disease was 
prevalent in the vicinity where the institute was held. Held, 
that the teacher was not entitled to recover pay for the week 
of the institute. (D 3829) 

The contract is sometimes conditional upon the teacher's 
attending local teachers' meetings. 



112 Trustees : Duration of Contract [Part I 

Where a teacher is prevented from filling a contract 
from misfortunes that happen to the district, he can 
recover for full time. (19 111 A 48, 23 111 367, 39 111 
446, 13 Neb 52, 13 N W 16) 

Va. authorizes the trustees, with the approval of the 
county superintendent, to close the schools "for a sufficient 
cause", and pay the teacher for the time taught; and la. 
while acknowledging the right of the teacher to full pay, 
says such cases are best settled by compromise. 

Nora Meredith of Henry county, Indiana, began teaching 
school, but the trustee closed it on account of small attend- 
ance. He was obliged to pay her full salary. (70 N 93) 

When school is closed on account of contagious or 
other sickness, the teacher may recover full pay. 
(D 3706, 3791, 5079, 50S2, 10 Ind A 428, 50 L R A 
371, 43 Mich 480, 50 Vt 30) 

The same principle applies when school is necessarily closed 
on account of a blizzard. — 5. B. xiv. 98. 

If the schoolhouse is burned, the teacher recovers 
for full period of contract. (D 3917, 5. B. x 93, 23 
111 367, 69 Mich 589. But see 24 Mo A 250) 

Three teachers were engaged in No. 1, Westchester, 
on Aug. 27, 1887. Through wrangling on the part 
of the trustees the school was not opened till Jan. 9. 
1888. The teachers must be paid in full as though 
school had been in session. (D 3679) So as to 
payment. (4 Ohio 561) 

Action of a board of education in resolving to close 
public schools for the reason that the corporate 
authorities upon whom the duty to provide funds 
devolves by law, neglect to provide necessary means, 
will not be upheld. Teachers under contract would 



District] Closing of School 113 

have a remedy by law, if wages provided for by 
contracts were in default, although prevented from 
teaching by the closing of the schools. (D 3993, 31 
Minn 319) 

// the enforced vacation extended over some months, 
it is possible that the teacher might be expected to use 
due diligence to find other employment. (31 Neb 
501, 48 N W 267) 



CHAPTER VIII 

Trustees: Teachers' Wages 

The amount of wages must be clearly stated. (562) 
In most states the contract is invalid unless it 
names the wages. (121 Mich 654, 68 N W 483) 

A contract to pay "good wages" is not explicit enough. 
(72 N E 162) 

Unless compensation is named the contract does not hold. 
(68 S W 483) 

A teacher in Jackson township, Ind., made a contract 
with the trustee to teach another year, but no agreement was 
made as to wages, the teacher believing he was to have the 
same as the previous year. The trustee hired another teach- 
er. Held that as there was no agreement or compensation 
there was no contract ; there is a distinction between agree- 
ing to hire and hiring a teacher. (60 Pac 1 100) 

Yet in Portland, Ore., it was held that the contract is not 
void for uncertainty where the stipulation for salary provides 
that the teacher shall receive the same as was established at 
that date for like services by the actual district within which 
the city was situated. (Coldwater vs. Dist. No. 7, 1899.) 

Most states like New York leave the trustees un- 
restricted as to the amount of salary they shall pay 
the teacher. (195) 

In some states, as Cal., Tenn., Wy., women teachers must 
be paid the same salaries as men for like work. 

Some states, like N. D. and W. Va. provide that the salaries 
of teachers shall be graded according to the grades of their 
certificates. 

Several states, like Pa., O., Ind., W. Va. have fixed 
minimum salaries. 

(114) 



District] Extra Pay 115 

In some states extra pay is provided for, principally 
on the following grounds : 

For instructing non-resident pupils. — This would 
require a special agreement with the trustees. (D 
3623) 

The trustees have sole authority to admit pupils or to 
exclude them, and the teacher must instruct the pupils 
admitted. This applies also to pupils over school age. 

The wrongful exclusion of a child by a teacher under di- 
rection of the trustees does not defeat the right to wages 
(26 Ohio 421) ; whether an action will lie against a teacher 
for refusing to instruct those who lawfully come to him 
for instruction, or whether the remedy is confined to an appeal 
to the governing board. Judge Cooley says (Torts, p. 288) is 
left in doubt by the authorities, though he thinks it action- 
able. 

For instruction in outside branches. — In New York 
public school teachers are not allowed to furnish 
instruction in school in certain branches upon payment 
of tuition, either to the teacher or to the trustees. 
Public schools should be free to all children of the 
district to receive any branch of instruction for which 
they are qualified. (D 3764) 

Trustees who pay a fixed salary to the principal are not 
allowed to permit him to share in receipts from the teachers 
class. — S. B. xxii. 3. 

In Ky. trustees may allow a teacher as part of his com- 
pensation tuition for certain branches. (30 L R A 697) 

For janitor wor^. — While the teacher cannot be com- 
pelled to do janitor work, on the other hand he can- 
not be paid for janitor work he does voluntarily, 
unless so agreed in the contract. 5. B. xiv. 83. 

The trustees cannot deduct from the teacher's wages the 
amount they have paid for janitor work. (D 2139) 



116 Trustees : Teachers' Wages [Part I 

Any other duties upon the teacher than those properly 
belonging to his work as a teacher, such as sweeping the 
schoolhouse, must be expressly stated in making the contract. 

The teacher cannot be compelled to do janitor's work on 
the ground of local custom. A teacher who contracts simply 
to teach a school for a given number of months, for a given 
sum, is under no obligation to cut or carry in the fuel, sweep 
the schoolhouse, or make the fires. It is as much the duty 
of the trustees to have these things done (by the teachers and 
pupils if they volunteer to do them, or by paying for them 
otherwise) as it is to furnish a broom or a stove. The trustees 
have no power to compel either teacher or pupil to do these 
things. (D 4221, 4251) 

The pay of any teacher employed in the public 
schools of this state is due and payable at least as 
often as at the end of each calendar month of the 
term of employment, and this must be stated in the 
contract. (562, 567) 

(2 111 A 584, 49 Neb 755. 69 N W 114. 72 Pac 408) 

A teacher who has not been paid as often as once 
each month during the term of employment as re- 
quired by statute is entitled to interest on the several 
monthly payments which have been withheld, from 
the time when payable. (D 3803) 

The teacher's wages are always due to him, and in 
cash. 

Debts on notes due to other persons, even to the trustees, 
cannot be set off against the teacher's wages. The money 
due him cannot be attached. 

(23 Am R 661, 53 Am R 878, 8 Bush 336, 54 Ind 501. 78 Ky 105, 116. 
542 R A 566, 39 Mich 480, 80 Poe 533. 3 Sneed 379) 

In New York, however, his wages are now subject 
to attachment under the garnishee law of 1908. 



District] Payment 117 

Even though he is a minor, the teacher's salary must be 
paid to him, and not to his parent or guardian. See page 108. 

An act providing for the deduction of a percentage from 
the salaries of public schoolteachers to provide a pension fund 
for their benefit is held to be unconstitutional either for lack of 
uniformity, or as a taking of private property from one 
citizen for the benefit of another. A rule of a board of 
education providing for a deduction of 1% from the salaries of 
all teachers, to be paid into a fund for the purpose of provid- 
ing annuities for teachers becoming incapacitated by reason 
of long service is held to be unauthorized and void. (58 
L R A 663, 64 N E 109, 91 N W 430) Compare page 138. 

Contracts which involve an agreement to board 
with the trustee or to board around cannot be en- 
forced. The teacher should have a specific sum as 
wages, be paid in cash, and board himself. (D 3717) 

He has a perfect right to change his boarding-place at any 
time. An agreement to the contrary with the trustee is 
illegal and void. (D 3575) 

In case the trustees neglect or refuse to pay the 
wages due, they may be sued. 

The trustees are a quasi corporation, possessing power in 
this and for this purpose to bind their district, and to create 
a corporate liability which will attach to their successors 
in their official capacity. 

(3 Bush 255, 2 Greene 482. 68 111 154, 80 Ind 276, 96 Ind 105, 1 la 359. 
20 Me 154, 53 Mo 272, 30 Mo A 113, 34 N J L 308. 23 N Y 176. 3 Ore 365. 
43 Pa St 318. 1 1 Pick 260, 5 Vr 308) 

A teacher is entitled to a writ of mandamus to compel the 
trustees to pay arrears of salary due him. (34 N J L 308) 

He has his option to bring suit to recover money, or pro- 
ceedings for a writ of mandamus to compel its payment. 
And if an order has been issued to him, and it remains un- 
paid, he may still have his choice of remedies. The creditor 
of a corporation is not restricted to mandamus as his sole 
remedy. (14 la 28) 



118 Trustees : Teachers Wages [Part I 

The teacher has one of two remedies — action on the 
contract, (20 Me 154, 53 Mo 472, 43 Pa St 318) or a writ 
of mandamus. (14 la 28, 34 N J L 308) Mandamus, 
and not an action for money had and received, is a proper 
remedy to compel a clerk of the school district to pay over 
money in his hands applicable to a warrant issued in favor 
of a teacher for salary. The funds are the funds of the dis- 
trict until he parts with the custody of them. (3 Ore 365) 

In Mont, judgment must not be issued for salary when district admits 
the claim but has no funds. (61 Pac 250) 



CHAPTER IX 

Trustees : Dismissing Teachers 

Unless the contract specify that certain grades or 
subjects shall be taught, the teacher must accept 
whatever grades or subjects, within his capacity, are 
assigned by the trustees. (D 3898) 

Unless otherwise stipulated, where there are several schools 
in the district, or several departments, the teacher must take 
any one assigned to her, even if it be a colored school. (11 
111 A 393) 

Under a complaint by a school teacher to recover salary based upon and 
alleging a full compliance with the terms of an express contract to teach as 
assistant principal in the high school department, where the evidence 
shows that she has materially violated its provisions in refusing to teach 
certain classes assigned to her by a new and recently selected principal when 
possessing the scholastic attainments and ability to do so, when the different 
members of the board frequently endeavored to persuade her to teach said 
classes, her defence being that neither the board of education nor the prin- 
cipal of the school had power to modify or change the assignment made by 
a formei principal ol the schools. Held, under the contract it was the duty 
of plaintiff as assistant principal to teach such classes and perform such 
duties, within the scope of her employment, as the principal of the school 
might reasonably assign or direct, and where plaintiff had wilfully and with- 
out justifiable cause failed and refused to perform her duties, a dismissal was 
justifiable and no recovery could be had for salary unearned. — Morrow vs. 
Board of Education City of Chamberlain, So. Dak., Sup'r Ct., Oct. 28, 1895. 

But when the contract specifies certain work the 
teacher can not be compelled to do different work. 

Letha Jackson was employed by the school authorities of 
Steamboat Rock, la., to teach 34 weeks from Sept. 7, 1896. 
She was discharged Nov. 9, but offered a place in a higher 
department at the same salary. The court holds that when 
a servant is wrongfully discharged, he cannot be bound to 
accept new employment from the same master, unless (1) to 
work in the same general lines as that of the first employment, 

(119) 



120 Trustees : Conditions of Contract [Part I 

and (2) the offer is made in such a manner that it will not 
amount to a modification of the original contract. It does 
not appear that the offer was so made that plaintiff could 
accept it without modifying her original agreement. Judg- 
ment for plaintiff affirmed in supreme court. (81 N W 596) 

A. J. Jones, hired as principal of high school and to teach 
9th, 10th, and 1 1th grades, refused to take also 8th grade and 
was discharged. Held that he could not be compelled to 
take 8th grade, and was not legally discharged. State Sup't 
R.C.Barrett, la., May 12, 1899. (Midland Schools ]\i\y, 1900.) 

Under the political code, boards of education in cities can 
remove a teacher, "when elected", only for the violation of 
the rules of the board of education or for incompetency, or 
unprofessional or immoral conduct, especially where the time 
of employment is not fixed by contract. The clause in the 
code prohibiting the removal of a teacher without cause 
applies to previously elected teachers and is, violated by re- 
moving a teacher to a lower grade. So held by the California 
supreme court in Kennedy vs. San Francisco Board of Educa- 
tion. 

Especially is it true that a change of grade must not 
involve any reduction in salary, which would be 
equivalent to a discharge and allowable only for the 
same reasons. (50 N Y 473, 67 How Pr 372) See page 
125. 

Katharine R. Callahan, appointed in June, 1900, to 6th 
grammar grade, and in Sept. put into 4th grade at $150 a 
year less, was entitled to the 6th grade position, and could 
not be removed and placed[in a lower position. (66 N|E 674) 

Whether specified or not, teachers are by law re- 
quired to fill the blanks in the school register, to 
preserve it, to verify its correctness by oath, and to 
deliver it to the district clerk. (D 3838) 

Teachers must keep, prepare and enter in the books 



District] School Register 121 

provided for that purpose, the school lists and ac- 
counts of attendance hereinbefore mentioned, and be 
responsible for their safekeeping and delivery to the 
clerk of the district at the close of their engagements 
or terms. (557, 61 Pac 1193) 

Each teacher must, by his oath or affirmation, 
verify his entries in the school register provided by 
the education department, and the entries constitute 
the school lists from which the average daily attend- 
ance shall be determined. Such oath or affirmation 
may be taken by the district clerk or trustee, but 
without charge. (558) 

A teacher is not entitled to his salary for the last month of 
a term until he has so made and verified such entries and the 
trustees must not draw on the supervisor, collector, or treas- 
urer for any portion of his salary for such month until such 
oath or affirmation has been made. (558) 

This obligation upon teachers is practically universal. 
(2 Allen 592, 4 Cush 599, 6 Fost 470, 3 111 A 349, 
20 111 511, 77 111 628, 78 111 A, 390, 107 Ind 351, 30 
La Am 607, 43 Md 449, 30 Mich 249, 35 Neb 1, 57 Neb 
188, 26 N H 470, 52 N W 710, 77 N W 62, 21 Vt 957, 
35 Vt 623, 5 West 684) 

La. imposes a fine of $2 for failure to furnish report. 
Texas and N. M. impose a fine of not less than $25 or more 
than $500. 

If the register be lost through carelessness the teacher is 
entitled to no pay for his services, and from this duty the 
trustees have no right to excuse him. (2 Allen 592, 6 Fost 
470, 26 N H 470, 35 Vt 623, 41 Vt 353) 

He may draw pay if he can make oath that it was correctly 
kept, but lost or stolen through no fault of his; and trustees 
may permit the teacher to fill up the blanks afterward, if the 



122 Trustees : Conditions of Contract [Part I 

district do not thereby lose its public money. (D 1713, 2523) 
In Vt. the fact that a teacher who had been dismissed 
carried ofT the register, but returned it to the district clerk 
before bringing suit for wages did not defeat recovery of 
wages. (41Vt353) 

For special registry under the compulsory law see 
page 193. 



CHAPTER X 

Trustees : Dismissing Teachers 

Any failure on the part of a teacher to complete an 
agreement to teach a term of school without good 
reason therefor is deemed sufficient ground for the 
revocation of the teacher's certificate. (563) See 
page 136. 

The enforcement of this provision rests in the judgment of 
the commissioner of education. S. Jennie Townsend was 
teacher of music and oratory in Warwick during the year 
ending July 31, 1904. In April she signed a contract to 
remain another year. On July 13 she telegraphed them her 
resignation. One member replied that only three members 
of the board were in town and that he would write to her 
later. Assuming that she would be released she accepted 
another position at a higher salary, and notified the Warwick 
board. On July 28 they wrote her that she had broken her 
contract, and filed petition to the commissioner of education 
to revoke her certificate. Commissioner Draper decided: 
"The teacher did wrong in accepting a more desirable offer 
before being released from a prior engagement which she had 
made. But the temptation was too much for her. She made 
the effort to secure release. She was not met with immediate 
refusal, or with decisive action of any kind, and she pre- 
sumed upon a very common usage of trustees to grant re- 
lease in such cases rather than to endure the consequences of 
disappointment. Doubtless teachers ought to be required 
to abide by business contracts as sharply as other people, 
and women teachers as much as men teachers. It is difficult 
to do it, but if it was a question of enforcing or assuring the 
results of a contract the commissioner would try to do it. 
But that is not it. He is asked to punish a woman teacher 
for^a fraility. He will do it to the extent of telling her she 

(123) 



124 Trustees : Dismissing Teachers [Part I 

did wrong and must not repeat the offence, but he must 
decHne going to the length of revoking her certificate and 
putting a dark mark upon her Hfe." 

No teacher may be removed during a term of 
employment unless for (1) neglect of duty, (2) inca- 
pacity to teach, (3) immoral conduct, or (4) other 
reason which, when appealed to the commissioner of 
education, shall be held by him sufficient cause for 
such dismissal. (566) 

A teacher once employed cannot be dismissed dur- 
ing the period of the contract except for cause. (D 
3864, 3865, 4195) 

(10 Barb 290,''77 111 628, 2 III A 458, 95 111 A 250, 96 111 A 604, 5 Lea 525, 
3 Me 450, 55_Mo[l49, 50 Neb 171, 69 N W 772. 95 Pac 892, 1123, 51 Wis 554) 

A teacher doutbless, Hke a lawyer, surgeon, or physician, 
when he undertakes an employment implicitly agrees that he 
will bestow upon the service a reasonable degree of learning, 
skill, and care. When he accepts an employment as teacher 
in any given school, he agrees by implication that he has the 
learning to enable him to teach the branches to be taught 
therein, as well as that he has the capacity in a reasonable 
degree of imparting that learning to others. He agrees, 
also, that he will exercise a reasonable degree of care and 
diligence in the advancement of his pupils in their studies, 
in preserving harmony, order, and discipline in the school, 
and that he will conform himself as near as may be to such 
reasonable rules and regulations as may be established by 
competent authority for the government of the school. He 
also agrees, as we think, by a implication, that while he con- 
tinues in such employment his moral conduct shall be in all 
respects exemplary and beyond just reproach. (88 111 563, 
42 Ind 200, 38 Vt 529) 

Where a teacher entered into contract in her maiden name 
four days after she was married, concealing the fact that she 



District] Cause must be Shown 125 

was married though she knew the trustee would not hire a 
married teacher, it was held that the trustee had the right to 
break the contract on the ground of misrepresenation. 
(62 N E 711) 

In New York the caus.e must, if appeal is taken, 
seem sufficient to the commissioner of education. 
The burden is upon the trustees to show cause by 
preponderance of proof. (566, D 4244) 

The Colorado court of appeals holds that the 
teacher is not an officer but an employee, and may be 
summarily discharged. (46 Pac 846) 

In some states this is still true; it is entirely a 
matter of statute law. (88 Wis 7) Seepage 119. 

Before the consolidation New York city and 
Brooklyn teachers could be removed arbitrarily and 
without trial. (66 N E 675, 80 N E 1116) 

The present law in the Greater New York requires charges 
to be preferred, a formal trial held, and in case of conviction 
punishment inflicted by a fine, suspension for a fixed time 
without pay, or dismissal. (64 N E 675) 

The causes are gross misconduct, insubordination, neglect 
of duty, and general inefficiency. (66 N E 677) 

Reassignment from one grade to another is practically a 
removal from one and an appointment to the other, and may 
be done only in hearing as above. (66 N E 677) See page 
119. 

But teachers may be discharged from service in evening high schools 
when not needed. (66 N E 677) 

On Dec. 23, 1903, Ella M. Queen, teaching in St. Georges 
county, Md., wrote to the board that she was to be married 
Dec. 26, but could continue to teach till June 15. On June 9 
she wrote to each of the trustees that if satisfactory to them 
she could teach another year. On Aug. 13 the trustees wrote 



126 Trustees : Dismissing Teachers [Part I 

her that her resignation was accepted and appointed another 
teacher. She appealed to the county board, which ruled 
that her letters did not constitute a resignation, whereupon 
the local board wrote her a letter about Sept. 9, saying her 
services would not be required after Oct. 10. She asked rea- 
sons for her removal and they replied, "We believe it will be 
for the best interest of the school," giving no other reason. 
She appealed to the state board, which ruled that this was not 
sufficient reason, and on Jan. 18 Miss Quinn, now Mrs. Nal- 
ley, took forcible possession of the school against the protest 
of Miss Polhemus, who had been appointed in her place. 
Ruled that Mrs. Nalley did not resign, that the reasons for 
her removal were insufficient, and she continued to be teachei, 
and her salary must be paid. (63 Atl 224) 

In Indiana the Lafayette school board contracted with a 
teacher with the right reserved to dismiss her upon two weeks 
notice, and dismissed her two weeks before her service was to 
begin. This was held to be illegal. (46 N E 10 16) 

The directors of a school employing 13 teachers having 
determined to reduce the number for the ensuing year to 12, 
passed a resolution that all whose terms expired be employed 
for the ensuing year subject to right of the board to relieve 
one of them. All accepted. Court held that one could not 
be removed by resolution of the board asking her to resign. 
(Kennedy vs. Dist. No. 1, Wash. S. C, Dec. 20, 1898) 

A teacher contracted for three months, with option to 
teach the school year if satisfactory. She remained a second 
three months and was then discharged, but recovered full 
wages. (69 N W 772) 

A Tennessee board stamped across the face of a contract, 
"The directors reserve the right to annul all contracts every 
fourth month." It was held to be beyond their power to 
dismiss a teacher within the year except for incompetence, 
improper conduct, or inattention. (37 S W 277) 



District] Trustees have the Power 127 

The annulment of the Hcense dissolves all contracts 
entered into by virtue of its sanction, but until the 
license is revoked, the trustees are not bound to 
retain a teacher obnoxious to the district through 
immorality, incapacity or inefficiency. D 4339, 4349, 
4355) 

(43 Hun 537, 57 Hun 33, 6 Neb 167, 42 Neb 127, 49 Neb 759, 50 Neb 174; 
60 N W 34. 69 N W 114, 772, 50 Pac 421) 

This would be subversive of the principles pertaining to 
the essential nature of contracts. It cannot be supposed 
that in case a charge of gross immorality, specifically urged, 
carrying with it a strong presumption of its truth, were 
brought against a teacher, the trustees must wait for the 
tedious delay of a formal hearing before a commissioner, 
and abide the event which may be determined through in- 
sufficiency of evidence, while the moral conviction of the 
truth of the charges preferred it still strong and abiding. 
The presence among pupils of a teacher against whom such 
suspicion should rest, must of itself, from the suggestions 
to which it would give rise, promote conditions of mind 
opposed to the development of virtue and purity of the heart. 

This consideration alone would justify the trustees in a 
summary dismissal of the teacher. This, to be sure, is an 
extreme case, but it is sufficient to illustrate and to establish 
the principle advanced, that the trustees may be justified in 
the discharge of a teacher before the close of the term 
specified in his contract. In determining what constitutes 
such justification, it is difficult, not to say impossible, to 
establish uniform rules. {730) 

Officers employed for fixed terms may always be removed 
in case of misbehavior or other supervening unfitness. (7 
Gray 33, 3 Mass 160, 5 Pick 469, 16 Pick 274, 24 Pick 281) 

The power to dismiss the. teacher rests with the 
trustees. For an abuse of their discretion, or an 



128 Trustees : Dismissing Teachers [Part I 

unwarranted exercise of their authority, they are of 
course responsible. 

Mo. directors have no power to dismiss a teacher for in- 
competency or immorality. That power is given by statute 
to the county school commissioner. (19 Mo 462 For disad- 
vantages of this see 159 Mo 299) 

On complaint of the person sustaining what he considers a 
grievance or wrong, the issue becomes one of fact, and it 
devolves upon the trustees to show by evidence that the 
teacher lacked the character, the ability, or the will essential 
to a proper discharge of his duties, and that he failed thus 
to fulfil the obviously implied conditions of his contract. 
(730) 

If teacher is hired "during the satisfaction of the dis- 
trict", the trustees are the sole judge. (26 111 A 379, 81 111 
A 304) 

But where the teacher is hired by the trustee for a definite 
period the mere fact of dissatisfaction on their part, or that 
of the inhabitants, is not sufficient to justify the discharge 
of a teacher. The tribunal before whom the action is 
brought, as a court, a jury, or the superintendent, are the 
constituted judges of fact, and will determine, from the 
evidence presented, whether the incompetence of the teacher, 
as resulting from ignorance or indifference, is fully proved, 
and hence his discharge upon the ground of a violated con- 
tract clearly justified. 

In the case here presented, the trustees offer evidence 
bearing upon the management and general deportment of 
the appellant in the school-room, and his intercourse with 
his pupils, tending to show disregard of the proprieties and 
courtesies incident to his position. Trifling and irrelevant 
conversation, oft indulged and long continued with pupils; 
prying and impertinent questions in regard to domestic affairs; 
low, and at the least suggestively vulgar, remarks to the older 
female pupils; rtide, boisterous, and harsh language, as a means 
of or substitute for discipline, are alleged and proved by the 



District] Cause must be Sufficient 129 

testimony of his pupils, with a circumstantial minuteness 
that requires emphatic denial or plausible explanation to 
invalidate or palliate. 

The appellant has failed to meet the issue. It is proper and 
just to remark, that the justification of the trustees does not 
proceed from any alleged or proved inability or immorality 
of the appellant; his literary qualifications and his moral 
character stand unimpeached, and, it is to be hoped, unim- 
peachable. But his inefficiency appears to have been the 
result of gross negligence and indifference — a debilitated will, 
rather than of inherent depravity or defective scholarship, 
a fault which it is earnestly hoped the wholesome practical 
discipline of this experience will serve to eradicate. 

Under the view of the case as above presented, therefore 
I must decline to interfere with the action of the trustees 
and hold that they have presented a sufficient justification 
therefor. (S30) 

The teacher may be dismissed for unjustifiable severity of 
punishment (75*), but not for mere difference of opinion from 
the trustee as to discipline. (7.^^*) 

In New York the cause must, if appeal is taken, 
seem sufficient to the commissioner of education. 
(566) 

The burden is upon the trustees to show cause by prepon- 
derance of proof. (D 4244) 

It is not expected that there will be the same formal strictness required 
in court as to evidence. (3 Hun 177) 

If trustees will employ teachers with sufficient caution, 
without previous acquaintance or inquiry, they must not rely 
upon the Department to relieve them from their unwise con- 
tracts, and particularly so when the most that can be said 
against a teacher so employed is, that she lacks tact and 
management, or talks offensively under opposition and 
criticism. (D3510) 

Soine states confer upon trustees the power to dismiss 
teachers on their own judgment, without assigning a specific 
cause. (176 111 620, 95 111 A 250, 3 Pick 379) See page 125. 



130 Trustees : Dismissing Teachers [Part I 

The Mass. schoi.l law says: "It will often happen that a committee may 
be in possession of sufficient reasons to justify the dismissal of a teacher, 
and yet a wise public policy would avoid a disclosure of them. Experience 
has proved that this power is not liable to abuse. Committees are reluctant 
to take upon themselves the responsibility of dismissing a teacher, except 
in extreme cases." 

The following is an English view: 

"For there may be causes which render a man altogether unfit to con- 
tinue to be a schoolmaster, which cannot be made the subject of a charge 
before a jury, or otherwise of actual proof. A general want of reputation 
in the neighborhood, the very suspicion that he has been guilty of the 
offences stated against him, the common belief of the truth of such charges 
amongst the neighbors might ruin the well-being of the school, if the mas- 
ter were continued in it, although the charge itself might be untrue, and at 
all events the proof of the facts themselves insufficient before a jury." 
(6 B 682) 

In an action for services, evidence "that the said plaintiff 
was incompetent to manage the said school; that she was 
unreasonable in her requirements of the scholars in said school ; 
and was uneven in her treatment of them, and partial and 
abusive in her treatment of certain ones in said school, and 
that she failed in all respects as a teacher of said school," 
was admissible. (38 Vt 529) 

The dismissal of a teacher is business, and must be 
done at a regular or special meeting of the trustee. 

The teacher must not be discharged without notice, 
and a chance to defend himself. (D 3510) 

(5 Lea 691, 10 Lea 525, 29 Mass 244) 

A decision by the state sup't, on appeal from the county 
sup't, that a teacher was wrongfully discharged, is final and 
conclusive, even if based on the fact merely that the teacher 
was not given an opportunity to be heard, and not on the 
merits. (Jackson vs. Ind, Sch. Distc.,Ia.. 1905) 

Where a teacher is dismissed by a board during the term 
of employment without an opportunity to be heard and with- 
out suflficient cause, such teacher is entitled to receive pay for 
the balance of his or her term of employment, and such 
dismissal is unlawful, invalid, and void. (D 4294) 



District] Sufficient Cause 131 

Where a teacher is discharged without hearing and subse- 
quently appears before the board and asks to be heard and is 
heard, he waives irregularity in the action of the board 
prior to the hearing. (50 Pac R 421) 

The principal causes that warrant the annulment 
of the license (see pages 89-95) still more warrant 
the dismissal of a teacher, which is a lighter punish- 
ment. 

Of course the punishment of a teacher for not attending 
institute, not keeping engagement, or falsifying register is 
not within the power of the trustees, but only of the com- 
missioner of education. 

Immorality is sufficient cause. (566, D 4294) See 
page 90. 

v63 Ark 468, 36 111 71. 28 Kan 345. 30 Kan 268, 15 Mo A 362, 6 Neb 167. 
50 Wis 657. 51 Wis 554) 

The Iowa school law says: "By universal consent, and 
certainly by the spirit of our school law, it is expected of 
teachers that they refrain from improper language, keep the 
Sabbath day with respect, and in every other way avoid 
practices or company that are demoralizing in their ten- 
dencies." 

It is not essential that a teacher be convicted of crime. 

Good reputation is essential to the greatest usefulness of a 
teacher. (13 Mass 248) 

The pendency of an indictment for adultery is sufficient 
cause for discharge. (170 Mass 289) 

It was held in the Montana supreme court Sept. 17, 1897, 
that where trustees dismiss a teacher for immorality and 
afterward find him innocent and reinstate him, he cannot 
recover for the time lost. 

Voluntary bankruptcy is held in Colorado to be sufficient 
reason for discharge, but this is not the law in New York. In 
1909 two principals of New York schools became voluntary 
bankrupts. 



132 Trustees : Dismissing Teachers [Part I 

Incapacity to teach is specified as a cause for dis- 
missal. (566) 

But it must be marked to justify this action. 

(36 111 71. 2 111 A 458, 17 111 A 397, 55 Mo 149, 38 Vt 529) 

After a teacher has obtained a certificate, been employed, 
and entered upon his duty, he should not be discharged with- 
out the clearest proof of his incompetency or palpable neglect 
of duty, in default of which on the part of the trustees 
inferior courts should find for the teacher. The testimony 
of the pupils as to the teacher's fidelity is to be received with 
much caution, and occasional or trifling errors in recitation, 
or inaccuracies in scholarship, or casual laxity in discipline, 
or tardiness of action, or failure to secure the rapid advance- 
ment of particular scholars — these things, whether alleged or 
real, are inconsequential when weighed against the favorable 
presumption warranted by the possession of a legal certifi- 
cate, and the evidence of general success and fidelity. (36 
11171) 

One decision of the Education department upon an appeal 
against dismissal reads thus: "The incompetency of the 
appellant I do not think so conclusively proved as to sustain 
the presumption of a non-fulfilment of contract by him, 
though from the testimony on both sides I am disposed to 
rate him considerably below the grade of a first-class teacher. 
Still, the trustees can hardly expect to get all the manly and 
scholarly virtues for $15 a month;" and the appeal was 
sustained. 

Again: "After having taught 9 weeks and 2 days, she was 
discharged on the ground that she failed in government. 
This the teacher denies, testifying that she had no trouble 
except with one young man, 16 years old, who was vicious, 
profane and exceedingly troublesome. She called upon the 
trustees to aid her in governing him, but without avail. She 
had taught several terms before, successfully. Held, that the 
trustees should have sustained the teacher, removing the pupil 



District] Sufficient Cause 133 

if necessary; and that the discharge was illegal." (D 3678) 
Seepages 148—155. 

A teacher will not be reinstated when it appears from her 
own statements that she was clearly unable to maintain 
discipline in the school. (D 5308) 

Barnard Maurice, teacher of French in the Central high 
school, Philadelphia, was dismissed July 11, 1899, and brought 
suit against Principal Thompson for crowding Maurice's room 
beyond its capacity to produce disorder. He was nonsuited. 

In Missouri the power to dismiss for incompetency rests 
with the school commissioner. (19 Mo A 462) 

Neglect of duty is the third cause specified in the 
New York law. (566, 10 Lea 219) 

Tardiness is sufficient. (36 111 7 1, 93 111 A 499) 

Cruelty is ample cause. 

As to where the line is drawn between cruelty and 
a justifiable maintenance of authority, see what is 
said of corporal punishment. 

For inflicting unjustifiably severe punishment upon pupils 
for comparatively slight offences, the teacher should be 
discharged as either incompetent to fulfil his duties properly 
as a teacher, or as wilfully regardless of them. (D 1793,3863) 

Insubordination is sufficient cause. (17 111 A 386) 

The board of education of the village of Millport appealed 
to the Department to remove Principal Harris Wickham for 
insubordination, specifying that he began school contrary 
to their directions, refused to permit them to clean the 
building, undertook to have the members arrested when they 
tried to clean or repair the building, refused to meet the board 
for the transaction of business, exchanged text-books against 
their wishes, received non-resident pupils without their know- 
ledge, and was inefficient in discipline. Mr. Wickham made 
no reply to these charges, but claimed that the Department 
could not remove him except by revoking his license to teach. 
In this he is sustained. The charge is not of immoral conduct 



134 Trustees : Dismissing Teachers [Part I 

or of mental incapacity. // the charges are true the board 
might remove him for insubordination, in which case he would 
have the right to appeal, that the truth or falsity of the 
charges might be established. (D 3565) 

If this charge involves a question of veracity, the burden 
of proof is on the trustees. Thus where Sup't Sheldon J. 
Pardee of Long Island City swore to one thing and Principal 
Peter E. Demarest to the opposite, the state superintendent 
preferred to take Mr. Demarest's word, as appears in the 
following decision : 

"The respondent's charge of insubordination seems to be 
based upon the allegation contained in the affidavit of Mr. 
Pardee that the appellant did not recognize the authority of 
Pardee as superintendent of schools, or to read the resolution 
passed by respondents on January 24, 1893, hereinbefore 
mentioned. Pardee avers a copy was given to the appellant 
and the appellant avers it was not delivered to him. The 
affirmative is upon the respondents to establish the allegation 
of Pardee, and in this the respondents have failed." (D 4195) 

Bribery or agency is in many states a specified cause. 

Teachers are forbidden to have any pecuniary interest, 
directly or indirectly, in supplying books, maps, school 
furniture, and apparatus to the schools of the State, or to 
act as agent for any author, publisher, bookseller, or dealer 
in any such school furniture or apparatus, or directly or 
indirectly receive any gift, emolument, reward or promise of 
reward, for his influence in recommending or procuring the 
use of any book, map or school apparatus, or furniture of 
any kind in any public school of this state. The Tenn. law 
requires that any teacher who shall violate this provision, 
besides being removed from his post, shall be subject to a 
penalty of not less than $200 nor more than $500 and shall 
be guilty of misdemeanor. 

New York places a similar restriction upon school com- 
missioners, and upon school officers. (315) 

Va. makes a special concession to authors: "Exceptions 
to the requirements of this section may be made by the board 



District] Sufficient Cause 135 

of education, in the case of a school officer being the author 
of school books or maps, or the inventor of school furniture 
or apparatus, in which case the board of education may, at 
its discretion, make specific arrangements whereby such school 
officer may, if his book or invention be adopted by proper 
authority, enjoy the profit of the proceedings thereof without 
offence: provided, that no unfair advantage be allowed over 
other competitors in securing the adoption of the book or 
invention." 

The Tenn. law of 1899 permits school officers to act as 
agents for their own publications. 

In some cities of New York, like New York, Buffalo, 
and Syracuse, where text-books written by the superintendent 
are used in the schools of the city, the copyright received by 
them is turned over to the city. 

Closing school without consent of the trustees, 
even for a single school day is sufficient cause. (D 
3782,88111563) 

(88 111 563, 42 Ind 200, 53 la 187. 46 la 1053, 48 la 82, 16 Me 184. 6 Neb 
167.41 NJL312) 

Of course a teacher must do his teaching in the schoolhouse. 
(30 Me 641) 

Consent of the trustees must be official, at a meet- 
ing regularly called. (D 1751, 3 Tenn 175) 

The trustees are to provide the substitute. The 
teacher can furnish substitute only by permission of 
the trustees. (D 4003, 88 111 563) 

The substitute must be licensed (see page 80) ; and some 
states require that the license should be of the same grade as 
that of the absent teacher. 

Even if the schoolhouse is locked against him. if 
the teacher goes away without applying to the 
trustees for admission, he abandons his contract. 



136 Trustees : Dismissing Teachers [Part I 

He must make every reasonable effort to continue the 
school. 

A teacher voluntarily giving up the school, even at the 
request of the trustees, can recover only for the time actually 
taught. (24 Me Ap 250) 

On the other hand, a teacher dismissed for cause who took 
forcible possession of the schoolhouse and continued to teach 
could not recover wages. (61 Ga 477) 

If he abandons his contract vv^ithout justifiable 
reason, he cannot recover for time already taught. 
(27 Vt 646, 29 Vt 219) Compare page 123. 

But if he is obliged to give up the school because not 
sustained by the trustees in the enforcement of reasonable 
rules, he is entitled to pay for the time taught, and if the 
failure is plainly no fault of his, for the full term. (See page 
132 55 Mo 149, 46 Vt 452, 47 Vt 381) 

A teacher employed for 9 months, but not teaching the 
last month through neglect of the trustees is entitled to pay 
for that month also. (13 Neb 52, 19 Neb 254) 

A teacher who was hired for 3 months had taught 6 weeks. 
The district became dissatisfied, only one or two scholars 
attended, the stove-legs and pipe were carried from the 
school-room, and the teacher had to close school. By the 
request of the committee, he held himself ready to complete 
the term, but the committee did not put the building in order. 
He recovered wages for the full term. (67 111 511) 

Temporary illness, however, is not good ground for 
dismissal. 

The English view is even that salary may be drawn for the 
time of absence. "Of course a headmaster may dismiss 
his assistant with due notice on the assistant falling ill; but 
the illness is not sufficient cause for summary dismissal, 
unless it is likely to disable him permanently, or for a long 
time, from doing his duties. If the assistant is obliged, 
because of illness, to be absent from his duties at any time 



District] In case of Sickness 137 

and then returns again to them on recovery, he has a right 
to his salary /or the time he was laid by, as the contract between 
him and his employer has not been rescinded, and has, 
therefore, been in force all the time. (28 L J Q 25) 

In American public schools, the teacher absent through 
sickness or other cause is expected to pay the wages of the 
substitute. The pension law (see page 138) also makes 
provision for substitutes. 

If the illness is continued it may be necessary to 
hire another teacher. 

In Clinton county circuit court, Ind., 1901, Miss Burke, 
teacher of Center school, was taken ill. The trustee hired 
another teacher. Held that she abrogated her contract. 

Mere dissatisfaction of pupils and parents is not, 
in most states, cause for dismissal. (28 Vt 575) 

Where the contract read "that she should leave if the 
school was not satisfactory." held that the provision was 
valid, but the dissatisfaction must be that of the district and 
not of the prudential committee. The school might be 
useful even though two men were dissatisfied but not if a 
majority of the patrons were dissatisfied. (38 Vt 602) 

The fact that parents do not send their children to school 
does not of itself affect the teacher's right to compensation. 
(36 111 Ap 653, 20 Vt 487) 

In R. I. the trustees may suspend the school whenever the 
average attendance falls below 5; in La. and Md., whenever 
the average attendance in any school for any two consecutive 
terms is less than 10 pupils; and in Ky. when the trustees 
ascertain that the average daily attendance for 20 consecu- 
tive days has been less than 25 per cent of the total number 
of children of school age in the district, they may, with the 
consent of the county superintendent, dismiss the teacher 
and employ another to complete the term, unless they are 
satisfied that the decreased attendance was due to such 
natural causes as high water, extremely inclement weather, 
epidemics, or unusual sickness in the district. 



138 Trustees : Dismissing Teachers [Part I 

It has been held that on payment of damages a 
teacher may be discharged, even without adequate 
cause. 

Michael E. Devlin had been principal of No. 1, Westchester, 
since 1881, his recent salary being $2,100. On August 7, 
1887, the board of education by a vote of 5 to 4 voted to 
employ Irving Washburn at a salary of $1,800. This created 
much feeling in the district, and the annual meeting on August 
28 was largely attended. The new members of the board 
were those known to be in favor of Mr. Devlin, and the meet- 
ing instructed the board to re-employ Mr. Devlin, and raised 
$2, 100 additional to the original estimates for his .salary, 
assuming that Mr. Washburn must be paid the salary the old 
board had agreed to pay him. Held, that while the meeting 
had no right to dicate to the board whom they should hire, it 
had a right to raise the $2,100, and the board had the right to 
engage Mr. Devlin, and to pay Mr. Washburn $1,800 as dam- 
ages in full. (D 3722, 57 Hun 33) 

Pensions may be granted in New York to teachers 
who have been 25 years in continuous service in the 
schools of any town, in which cause the teacher is 
retired from teaching. (559-61) 

New York and some other cities have special pension-laws 
of their own. New Jersey has a compulsory pension law, 
under which all teachers must contribute 2% of their sal- 
aries to a pension fund. Vermont has a similar law requiring 
1%. Compare page 117. 

When trustees have discharged a teacher, they are 
sometimes asked why, especially by trustees of other 
schools for which the teacher has made application. 
In such cases, the reply is privileged, and if made in 
good faith an action for slander or libel will not stand. 



District] Giving Reasons is Privileged 139 

A letter from an inhabitant of the district to the trustees 
complaining of the teacher is privileged, if written with an 
honest purpose and for the public good. (Tounshend on 
Slander and Ltbel, pp. 385, 399; but see 272. See Nolan vs. 
Kane, Legal News, Mch. 27, 1897. 21 So. R. 593, 60 S W 108) 

The English law holds good in this country and is thus 
stated: "A head-master is not bound to give any character 
or testimonial to his assistant ; but, when he does give one, all 
statements made therein are privileged, and no action for 
libel can be brought on them, provided they be made bona- 
fide. This privilege exists because of the duty thrown upon 
every person by the convenience of society to state fairly all 
he knows either for or against a former servant which would 
be likely to influence another person, who contemplates 
engaging that servant, in deciding upon the fitness of the 
servant for the purpose for which he requires him. If, then, 
in accordance with this duty, a head-master states what he 
honestly believes to be the truth, about his assistant, the law 
will protect him from any penalties for so doing, even if the 
things stated are, in fact, untrue. But if he deliberately 
makes a statement which he knows to be false, and gives his 
assistant a bad character which he knows he does not deserve, 
the head-master is not acting in accordance with his duty, and 
lays himself open to an action for libel at the suit of the 
injured assistant. Malice being proved destroys the privilege 
which otherwise would exist, and any deliberate and intention- 
al false statement, or any statement made recklessly, without 
knowing whether it be true or false, is evidence of malice. 
If a head-master give his assistant a good character, by means 
of which he gains another situation, and the head-master 
subsequently finds out that he was mistaken in giving such a 
character, and informs his former assistant's new employer of 
the mistake, this information will be privileged ; and indeed it 
is^the duty of the head-master to correct his mistake. (18 
l'j Q B, 334) 

When, however, a head-master hears that a former assistant 
is about to be appointed to a new post, it is not his duty to 



140 Trustees : Dismissing Teachers [Part I 

volunteer information as to such assistant's character, and 
it is much safer for him to wait until asked before making any 
statement. 

Eagerness to prevent a former servant obtaining another 
place has the appearance of malice, and if it were found that 
I wrote systematically to every one to whom the plaintiff 
applied for work, the jury would probably give damages 
against me. On the other hand, if a person into who^e 
service he was about to enter was an intimate friend or a 
relation of mine, and there was no other evidence of malice 
except that I volunteered the information, the occasion would 
still be privileged. — Odgers on Slander and Libel, p. 202. 

In case of a dismissal for gross immorality, however, it is 
unquestionably the duty as well as the right of the trustees 
to make known the fact to any school likely to engage the 
discharged teacher. 

Mary Moberly, teacher inGasport, Ind.,when she received 
her money from the treasurer, James R. Henry, objected to 
the amount, which was less than that paid the other teachers. 
Mr. Henry made written protest to the board against her re- 
employment but she was re-engaged. She sued for libel, 
but could not recover, as it was a privileged communication, 
and did not damage her, because it did not prevent her re- 
employment by those to whom it was read. (Ind A, 1898) 

When a superintendent makes report to the board concern- 
ing a teacher, it is not necessary to prove that the charges 
were true, but it is necessary to prove that he thought they 
were true. (70 At 1036, 15 Conn 74, 67 Conn 504) 

On Oct. 5, 1900, Principal Lyman O. Best of Brooklyn 
reported that Emma Walker, a teacher in his school, was 
careless in blackboard work, and on March 30, 1901, Sup't 
Maxwell wrote a letter in which he stated that he never had 
any doubt Mr. Best's estimate of her was pretty nearly cor- 
rect. She sued both for libel. The supreme court found in 
favor of Mr. Best but against Sup't Maxwell in considerable 
damages and the case was appealed. 



District] Giving Reasons is Privileged 141 

The appellate division ruled unanimously that both reports 
were privileged. Judge Hirschberg said: "Where writings 
are not libelous in themselves, there can be no recovery at all 
unless pecuniary injury has been sustained by reason of the 
publication, and there can be no recovery of punitive damages 
in the absence of exoress malice; that is, malice in fact as 
distinguished from malice implied. 

"I think that both writings were privileged ; that neither was 
libelous per se, and that in the absence of any claim of special 
injury, the complaint should have been dismissed as to both 
defendants. It was clearly the duty of the defendant Best, 
as principal of the school in which the plaintiff teaches, to 
note and to record her work and his opinions of her capacity 
and skill, and no offence attaches to an unfavorable expression 
which is believed to be truthful and honest. Moreover, the 
charge of carelessness is not libelous, as might be a charge of 
unskilfulness or general incapacity. History furnished many 
instances of genius wasted by a life of carelessness and in- 
difference. The plaintiff is not necessarily injured in her 
profession by a charge of carelessness in the performance of 
a particular branch of her work. * * * 

"The r2lation of the parties to the subject matter of the 
correspondence invests the communication with a privileged 
character. It is not shown to be untruthful in any respect, 
or to have been written in bad faith or from unworthy motives. 
On its face it is only a qualified approval of the approximate 
correctness of Mr. Best's report, and the plaintiff admits 
through her counsel on the argument that it would not be 
regarded as libelous, but for the assertion of the writer that 
he had known her for some years. 

"The general principle of privilege applies." 

A teacher who feels himself unjustly treated in 
being discharged has the option of two methods of 
redress: appeal to the courts, or appeal to the com- 
missioner of education. 



142 Trustees : Dismissing Teachers [Part I 

This applies also to withholding and to annulling a certifi- 
cate, pages 85, 90, and to any other dissension that may 
arise between the teacher and the trustees or other school- 
officers. 

He may apply to the courts for a writing of 
mandamus, to compel re-instatement (33 Conn 298) ; 
or may hold himself ready to perform his part of the 
contract, and when the time has expired may sue for 
his wages. 

(3 Demo 175, 19 Hun 109, 6.3 Hun 389, 2 III A 458, 17 111 A 347, 23 111 A 
367, 11 Ind 210, 93 Ind 292, 111 Ind 472. 53 la 187, 56 la 331, 65 la 209, 
72 la 379, 86 Ky 485, 40 Mo A 507 50 Neb 171, 69 N W 772, 38 N Y 58, 
2 R I 120, 2 Wend 287, 11 Wend 90) 

Some decisions declare mandamus to be the proper 
remedy. 

A teacher, removed by the board of education in a manner 
not provided by law, may by mandamus compel recognition 
and permission to perform her duties as a teacher. The 
intention of the law-making power to retain teachers in 
schools, unless removed in the manner provided by statute, 
would render null and void any by-law of the board of 
education or any rule of government by which the school 
officers without the removal required, could dispense with 
the teacher. (43 Hun 537, 57 Hun 33) 

In Ind. there is no appeal from the action of the trustees 
in dismissing a teacher. See also page 125. (42 Ind 200) 

It was decided May 7, 1898, in the supreme court of Miss- 
issippi, that when a teacher holding a state first-grade license 
covering the proposed term of employment was elected by 
the trustees of a school, and the county superintendent re- 
fused to employ him, holding that he had the right so to 
refuse, that while the superintendent may remove or suspend 
a teacher for causes prescribed by the statute, he can do so 
only in strict accordance with the statute. The teacher had 
a valuable right under the license, the loss of which could not 
be compensated by damages ; and hence the possession of the 
license would entitle him to a mandamus to compel the county 



District] The Teacher's Remedy 143 

superintendent to employ him. The license gives the holder 
a right to teach until he is removed on statutory grounds. 

Other decisions declare that the proper action is 
suit for damages. 

A principal of a high school is a mere employee, and not 
an officer of the district, and has no official relations to it. 
Where he has a valid contract with the high school board, 
and the latter violates its contract duties, as by installing 
another principal in his place, his remedy is the very plain 
and common one that any party has against one with whom 
he has made a contract which such other neglects or refuses to 
perform, namely, an action for the recovery of such damages 
as he has sustained in consequence of such neglect or refusal. 
Having, therefore, a plain and adequate remedy by action 
at law, the courts will refuse to interfere by the exercise of 
their extraordinary jurisdiction by mandamus, to compel his 
reinstatement as principal of the high school. And even if 
it could be maintained that the position of teacher is an 
office, or a right to a place, so as to constitute a franchise, 
position, or privilege, so that mandamus could be maintained, 
still, the court holds, a proceeding by mandamus would not 
be the proper action in which to test the question of his 
title, where it appeared that there was a person other than 
the relator of claimant in the place or position in question, 
who was occupying it under a claim of right or title, — a 
de facto incumbent, for instance, under a contract of subse- 
quent date. (fr6NW351) 

Of course no action can be maintained against the trustees 
personally for removing a teacher unless malice can be shown. 
(64 Atl 330, 3 Hun 177, 57 Hun 33, 17 111 A 347, 42 Ind 200, 
21 la 590, 26 Ohio 421, 22 Pa 1040, 36 Pa 315, 49 Pa St 151) 

Instead of resorting to the courts the teacher may- 
appeal to the commissioner of education either to 
reinstate him, or to direct the trustees to pay him his 
wages. 

(34 How Pr 336, 18 N Y 272, 11 Wend 90) 



144 Trustees : Dismissing Teachers [Part I 

This appeal may be made, even after the teacher has been 
non-suited in the courts. (19 Hun 609) 

The appeal may be made in cities, as well as in rural dis- 
tricts. (D 3864, 4195) 

Where there is a state board of education there is usually 
an appeal to it from a decision of the state superintendent. 
In some states appeals must be made first to the county 
superintendent (45 N J 100) ; in Ga. to the county board of 
education. 

In Texas it is held that in case of dismissal unless the teach- 
er avails himself of the right of appeal to the county and 
state superintendent, but instead asks the court for mandamus 
he has no cause of action. (38 S W 1110) 

In New Jersey a dismissed teacher may not appeal to the 
courts. He appeals to the county superintendent, from 
whom appeal may be made to the state superintendent, and 
from the state superintendent to the state board of educa- 
tion. (48 Atl 556) 

It is a rule of the commissioner of education that all acts 
and proceedings will be regarded as regular unless appealed 
from. The bringing of appeals for light and trifling causes 
will be discouraged. If vague or uncertain in statement or 
illegible and unintelligible, appeals will be disregarded. (D 
3754) 

The commissioner will not assume jurisdiction of cases 
in the nature of a prosecution for the recovery of a fine or 
penalty; nor will he undertake to settle disputes as to con- 
tracts and other matters involving money, where the issue 
depends upon the truth of diverse statements and should be 
settled by the courts (D 1978, 27 N E 968); or where the 
amount involved is indeterminate, as where the contract has 
not been entered upon (D 3768, 3797, 4744, 4784) ; or to 
enforce the payment of money where a decision has been 
rendered, which should be left to the regular legal authorities. 

A teacher who has taught two years and claims reengage- 
ment for the third but was not allowed to enter upon it, must 



District] Collecting Damages 145 

appeal to the courts. His damages, if any, are unliquidated, 
and it is not for the state superintendent to measure them. 
(4724) 

But a teacher in the State of New York, who promptly and 
clearly presents to the commissioner of education evidence 
of unjust treatment by any school officers in the discharge of 
his duties under the school law, may be assured that the case 
will be thoroughly and impartially investigated, and a de- 
cision rendered with no expense to him, from which no appeal 
can be taken to any court of law. See pages 146, 7. 

After being dismissed the teacher can draw no 
further pay. If a teacher succeeds in his appeal, he 
may receive wages for the whole time for which he 
was employed. (D 4294) 

(86 111 595. 2 111 A 458. 50 Neb 171. 21 S W 1060. 69 S W 772. 51 Wis 554. 
But see 6 Cen Rep 923) 

But only for the difference between the stipulated 
wages, and what he earned or might have earned at a 
similar employment in his own vicinity during the 
time covered by the contract. Greenleaf on Evidence, 
ii. Sec. 161 a: C kitty on Contracts, 11th Am. ed., ii, 
855, note. (15 Colo 367, 36 111 A 653, 21 SW 1060) 

The burden of proving that the teacher could have secured 
other employment is upon the trustees. (23 111 A 367, 36 
111 A 133, BOPac 1100) 

As in other cases, the damages which can be recovered 
should be such as follow in the natural course from the 
wrongful act, and ought to be measured so as to put the 
plaintiff pecuniarily in the same position as he would have 
been if he had been dismissed rightly. He is not necessarily 
entitled, as was once thought, to his full salary for the unexpir- 
ed time of his service according to the contract ; he must not 
sit still and do nothing, but should use all reasonable exer- 
tions to get a new situation, and should accept of such suitable 



146 Trustees : Dismissing Teachers [Part I 

employment as may offer itself. If he get a new situation 
without much delay, the damages will be reduced according 
to its value ; but whatever the value of the new situation may 
be, the plaintiff is always entitled to some damages for the 
wrong done him by the breach of contract. If a master be 
engaged for a certain definite time, and he is dismissed wrong- 
fully before the end of that time, he can sue at once, and 
need not wait until the time has expired. * * * If, there- 
fore, an action is brought for wrongful dismissal, and the 
contract was for service for a fixed time, which has not 
expired, the jury should estimate the probability of the 
plaintiff obtaining other employment, and deduct the value 
of such employment from the salary the plaintiff" would have 
received, if he had continued in the service to the end of the 
agreed time. ( 14 L T N S 863) 

The rules applicable to ordinary contracts of employment 
as to measure of damages obtain in cases of breach of 
contract to teachers in public schools. (117 N W 983) 

A celebrated case in New York illustrates this principle. 
On June 28, 1880, Neil Gilmour, then superintendent of pub- 
lic instruction, demanded the peremptory resignation of 
James H. Hoose, principal of the Cortland State normal 
school and on July 12 "withdraw his approval" of his ap- 
pointment. On July 24 he appointed James M. Cassety 
principal of the school. The local board refused to recognize 
the appointment, and on Sept. 1 opened the school under Dr. 
Hoose, six of the teachers appearing on the platform, while 
the other six obeyed the state superintendent. 

On Oct. 26 Mr. Gilmour applied for a mandamus, which was 
granted; and on Feb. 15, 1881, the school was opened under 
Mr. Cassety. On Feb. 22, the local board appealed to the 
general term, which on Sept. 20, 1881, affirmed the decision 
of the court below. The local board then carried the case 
to the court of appeals, which on April 18, 1882, decided in 
favor of the local board. Whereupon Dr. Hoose once more 
took charge of the school, his six teachers returning with him. 
—S.B.vui. 119. 



District] The Teacher's Remedy 147 

The governor vetoed the item in the supply bill to pay the 
salaries of Dr. Hoose and his teachers for the time they were 
kept out of the school, on the ground that the state should 
not pay twice for the same work; but on Jan. 22, 1884, the 
court of claims awarded Dr. Hoose for himself, and for his 
assistants who had assigned their claims to him, the sum of 
$12,551.25 and interest from April 26, 1882, including$3, 187.50 
for his own salary. From this last item $1,493.43 was de- 
ducted, being the amount he had received from the city of 
Binghamton where he had served as superintendent a part 
of the interim. Dr. Stowell, teacher of sciences, who had 
not engaged in teaching elsewhere, received the full salary 
for the time, $2,167.50. On May 24, 1884, Gov. Cleveland 
affixed his signature to a bill paying this award. 



CHAPTER XI 

Trustee and Teacher 

10. (a) To establish rules for the government and 
discipline of the schools in their respective districts. 
(195,229) 

(35 Neb 1, 75 Neb 188, 52 N W 710, 77 N W 662, 13 111 A 520. 17 111 A 386, 
€3 111 A 357, 87 111 303, 95 111 263) 

The original authority to make rules and regulations 
lies in the trustees. The regulations of the school are 
implicitly a part of the teacher's contract. (45 Pac 
119) 

(13 Ab Pr 159, 12 Allen 127, 2 Cush 198, 5 Gush 198, 8 Cush 160, 31 la 562, 
38 Me 376, 105 Mass 475, 71 Mo 628, 23 Ohio 211, 29 Ohio 89, 23 Pick 224, 
48 Vt 444, 473, 35 Wis 59, 45 Wis 150) 

For a teacher to refuse to obey official rules would be 
insubordination, and warrant his discharge. See page 
133. 

Ky. requires the trustees to meet at the schoolhouse on the 
day of opening school, and at least one month thereafter 
during the opening session. Mont, requires every one of 
the trustees to visit the school at least once in each term, and 
inquire into its management, condition, and wants. 

In Tenn., where a teacher suspended a pupil for using 
tobacco, in violation of a rule made by the teacher which 
the trustees objected to, the trustees were upheld in dis- 
charging the teacher. (5 Lea 525) 

The school commissioner, or county superintendent, 
is to recommend to trustees and teachers the proper 
rules and regulations. (313) 

(148) 



District] Methods Lie with the Teacher 149 

Outside and beyond the rules officially adopted by 
the trustees, the power lies with the teacher. The 
trustees formulate the general principles for the 
management of the school; the practical application 
of these principles is confided to the teacher. 

(53 Conn 481. 82 Ind 286, 105 Mass 475, 116 Mass 366, 85 Mo 485, 19 N H 
170) 

The rules must be officially adopted at a regular 
meeting, and recorded in the minutes. (D 4294, 2523) 

There have been decisions to the contrary (69 Ind 295, 
105 Mass 475, 116 Mass 366, 59 N H 473, 45 Wis 150), but the 
preponderance of authority is decidedly toward requiring 
official action as stated. The trustees have authority only as 
a board of trustees — not individually. 

(41 Conn 442. 27 Me 266, 105 Mass 475. Ill Mass 499. 6 Neb 167,27 Vt 755) 
Of course a sole trustee may act at any time. 

The board has power to make all needful rules and regula- 
tions for the organization, gradation and government of the 
school, and to suspend any pupil for non-compliance with 
reasonable rules established by it, or by the teacher with its 
consent (35 Wis 59, 45 Wis 150). But in matters of this 
kind the board will, in the main, be guided by the advice of 
the teacher. While the teacher is subordinate to, and must 
execute the orders of the board, he is responsible for the 
conduct, discipline and progress of his pupils, and should, 
generally, be allowed to decide as to the means and methods 
of discharging this responsibility. 

It has been repeatedly held that the teacher is 
not a public officer. 

(49 Neb 755, 69 N W 114. But see 9 Neb 53, 2 N W 235. "he being a 
de facto officer" .) 



150 Trustee and Teacher [Part I 

But he does not derive his authority from the 
parents. He holds a position created by the law. He 
is legally responsible only to the trustees who hire him. 
Between the teacher and the child the parent can 
personally interfere only by removing the child from 
the !^chool. 

(14 Barb 221, 38 Me 376, 29 Ohio 89, 32 Vt 224, 45 Wis 150) 

An illustration will make this point clear. Congress 
establit.1 es by law the rates of postage, and the 
classification of mail matter: but a New York 
senator would not think of entering the Albany 
postoffice aiid directing the postmaster hereafter to 
charge 3 cents for letter-postage, or to charge letter- 
postage on periodicals; he would not even assume 
to dictate to the postmaster whether a new periodical 
should be received at newspaper rates, or to give 
directions as to the internal management of the 
postoffice. His power is only as a member of congress 
and in the halls of congress; as an individual he has 
no more authority in the postoffice than any other 
individual. 

On the other hand, the postmaster-general has 
entire power to enter any postoffice either personally 
or by messenger, and make any investigation desired 
into the methods employed. It is his duty to give 
the general directions under which postoflices should 
be conducted, and any specific directions that a 
particular postoffice requires. He determines the 
classification of mail matter, and in general is en- 
trusted with the details of carrying out the laws 
established by congress. 



District] Superintendent and Principal 151 

The superintendent of schools in a village oi city 
occupies the same relation to the teachers of the 
village or city that the postmaster-general does 
toward the postmasters. He is the executive officer 
of the board of education, and is authorized to rep- 
resent them in matters of detail as regards the man- 
agement and discipline of the school, the course of 
study, and the methods of teaching. He may take 
the place of a teacher at any time, may direct what 
shall be taught, and how and when it shall be taught, 
and may usually transfer teachers from one depart- 
ment to another as the needs of the school require. 
In some cities, like Cleveland he has been entrusted 
with entire authority to engage and discharge teachers, 
and to be the head of the body of which they are the 
members, with full power of direction. 

The principal of the school occupies towards his 
subordinate teachers much of the relation of super- 
intendent, and in villages where there is no super- 
intendent, he practically fills that place, as does the 
teacher of a district school. Hence in many schools 
the rules and regulations are made by the principal 
and are otten endorsed only tacitly by the trustees. 

Regarding the powers of a teacher to act in absence of 
authority regularly conferred by a school board, Judge Lyons, 
of the Supreme Court of Wisconsin, said: "While the teach- 
er or principal in charge of a public school is subordinate to 
the school board or board of education of his district or city, 
and must enforce rules and regulations adopted by the board 
for the government of the school, and execute all its lawful 
orders in that behalf, he does not derive all his poiver and 
authority in the school and over his pupils front the affirmative 



152 Trustee and Teacher [Part I 

action of the board. He stands, for the time being in loco 
parentis to his pupils, and, because of that relation, he must 
necessarily exercise authority over them in many things 
concerning which the board may have remained silent. In 
the school, as in the family, there exists on the part of the 
pupils the obligations of obedience to lawful commands, sub- 
ordination, civil deportment, respects for the rights of other 
pupils, and fidelity to duty. These obligations are inherent 
in any school system, and constitute, so to speak, the common 
law of the school. Every pupil is presumed to know this 
law, and is subject to it, whether it has or has not been re- 
enacted by the district board in the form of written rules and 
regulations. Indeed, it would seem impossible to frame rules 
which would cover all cases of vicious tendency which the 
teacher is liable to encounter daily and hourly. (45 Wis 150. 
See 105 Mass 475, 35 Neb 1, 19 N H 170, 52 N W 710, 116 
N W 235) 

The teacher's place and authority cannot be taken, 
except by his permission, by the trustee or even by 
the school commissioner or the county superintendent 
(41 Conn 442, 27 Vt 755) 

Horace Mann, considered the school committee in higher 
authority, saying: "During the period of visitation the 
committee have the entire control of the school. For the 
time being it is their school, and the teacher is their servant. 
They may decide what classes shall be called upon to perform 
exercises, and in what studies. They may direct the teacher 
to conduct the examination, or may conduct it wholly them- 
selves, or they may combine both methods. In fine they may 
dismiss the teacher for the hour, and piirsue the examination 
in his absence. * * * Should any scholar misbehave 
himself, or prove refractory or contumacious to the committee, 
while they are engaged in examining the school, it is presumed 
they have an authority to suspend, to expel, or to punish on 
the spot, in the same way that the teacher may do in case of 
like misconduct committed against himself. — 38th Mass. 
Report, p. 150. 



District] The Teacher's Prerogative 153 

The law of to-day has been admirably stated in 
a decision of the New York Education depart- 
ment. 

Boards of education of union free school districts are 
bodies corporate, and must act as a board in making rules and 
regulations relative to the discipline and government of the 
schools under their charge; in prescribing the studies to be 
taught; in grading and classifying the schools and regulating 
the admission of pupils therein, and in the general manage- 
ment and superintendence of said schools. The rules and 
regulations of the board relative to matters upon which, under 
the school law, they are authorized to act should be adopted 
by the board of sessions of the board, and copies of the rules 
and regulations should be given to the teachers. Individual 
members of the board have no authority to make rules, nor to 
give orders to teachers. Under the school law, the method of 
imparting instruction belongs exclusively to the teachers. The 
teachers assign seats to the scholars, regulate the order in which 
recitations of classes, pursuing the different studies taught in 
the school, are to be held, and conduct such recitations. A visit- 
ing committee of a board, visiting a school, has no authority 
to interfere with the methods of instruction pursued by the 
teachers, nor to give orders to the teacher, nor to interfere in the 
recitations or assume to conduct such recitations, nor to conduct 
examinations on their own account, without advising with the 
teachers, nor to interfere with the seating of the pupils. Such 
committee should visit the school at such times as it shall 
deem necessary and proper, and watch carefully the methods 
pursued by the teacher, the government and discipline of the 
school, whether or not the teacher maintains good order and 
discipline, etc., etc., and report the facts relative to such 
matters to the board. If, in the opinion of the board, the 
condition of the school is such that, in its judgment, it is 
not for the best educational interest of the school, then it 
should call the attention of the teachers thereto. No mem- 
bers of a visiting committee or the board should criticize or 
reprimand a teacher in the presence of the school or any pupil 



154 Trustee and Teacher [Part I 

attending the same, as such a course will be in the highest 
degree detrimental to the best educational interests of the 
same. (D 4294) 

So in Minn, the authority of the trustees over the interior 
management of the schools is entirely advisory in its character. 
The responsibility for the correct government and discipline 
of the school, as well as the adoption of such methods of 
teaching as seem best calculated to promote the advancement 
of the scholars in their several branches of study, rests solely 
with the teacher. Of course there ought to be and always 
will be a mutual interchange of views, and a cordial co-opera- 
tion between teachers and trustees in all these matters, when- 
ever a regard is had to the important interests intrusted to 
their charge. 

In the school-room the teacher has exclusive con- 
trol and supervision of his pupils, subject only to 
such regulations and directions as may be prescribed 
or given by the trustees. 

The schoolhouse is the schoolmaster's castle. Upon this 
point the following forcible statement is fully warranted: 
"This old maxim of English law (5 Rep. 92) is as applicable 
to the schoolmaster as to any other person who is in the lawful 
possession of a house. It is true that the school-officers, as 
such, have certain rights in the schoolhouse ; but the law will 
not allow even them to interfere with the teacher while he 
keeps strictly within the line of his duty. Having been 
legally put in possession, he can hold it for the purposes and 
the time agreed upon ; and no parent, not even the governor 
of the state, nor the president of the United States, has any 
right to enter it and disturb him in the lawful performance of 
his duties. If persons do so enter, he should order them out ; 
and if they do not go, on being requested to do so, he may use 
such force as it necessary to eject them. And if he find that 
he is unable to put them out himself, he may call on others to 
assist him, and if no more force is employed than is actually 
necessary to remove the intruder, the law will justify the 



District] Disturbance by Parents 155 

teacher's acts and the acts of those who assisted hiin." See 
Wharton's Am. Criminal Law, 1256. 

(5 Barb 608, 1 City Hall R 55, 27 Me 266, 2 Metcalf 23, 59 Pa St 266, 2 
Selk641,8TLR78, 299) 

The teacher's best defence against querulous or 
insulting visits of parents to the school-room was 
found in that provision formerly a part of the New 
York statute, which read thus : 

Any person who shall wilfully disturb, interrupt, or disquiet 
any district school * * * shall forfeit $25 for the benefit 
of the school district. 

It shall be the duty of the trustees of the district, or the 
teacher of the school, and he shall have the power to enter a 
complaint against such offender before any justice of the 
peace of the county. * * * The magistrate * * * shall 
thereupon * * * cause the person to be arrested and 
brought before him for trial. 

This provision was omitted from the consolidated 
laws of 1894 and 1909, but is perhaps covered by- 
Sec. 1470 of the Penal law (88:1909): 

A person who without authority of law wilfully disturbs 
any assembly or meeting, not unlawful in its character, is 
guilty of a misdemeanor. 

Even when a private school or a singing school is taught in 
the district schoolhouse, a person can be punished for dis- 
turbing it. The same is true of a singing school. (35 Me 
195, 26 Conn 607) 

The R. I. law reminds the teacher that while the law holds 
him responsible for his acts in the school-room, it also protects 
him while therein employed from all external or unofficial 
interference. No private person has any right, in any cir- 
cumstances, to enter a school-room in school hours to make 
any complaint or to disturb the school in any way. The stat- 
ute law provides a specific penalty for such an offence. 



156 Trustee and Teacher [Part I 

In Cal. and Wash, any parent, guardian, or any other 
person who shall insult or abuse any teacher in the presence of 
the school is guilty of a misdemeanor, and liable to a fine of 
not less than $10 nor exceeding $100 Ariz, makes the limits 
$50 and $100, with an alternative of imprisonment for 3 
months. 

In Wy. any person who uses insulting and abusive language 
toward any teacher in or about any public schoolhouse, or 
who wilfully disturbs any public school or district meeting, is 
deemed guilty of a misdemeanor, and upon conviction, must 
be fined in any sum not less than $5, and not exceeding $100. 

Nearly every other state has a similar provision in 
the school law. 

Yet it must -never be forgotten that in regard to the 
general regulations, the course of study, the adoption of 
text-hooks, and the expulsion of pupils, the action of the 
teacher has no legal force until formally endorsed by the 
trustees. (35 Wis 59, 45 Wis 150) 

However unbounded the confidence placed in him, a wise 
teacher will secure the sanction of the trustees before he 
announces his own course as to these questions. 

These topics will be considered in separate chap- 
ters. But we must first consider how far the author- 
ity of the trustee and of the teacher extends. 



CHAPTER XII 
Trustees: Extent of Authority 

The conduct of the pupils upon any part of the 
premises connected with the schoolhouse or in the 
immediate vicinity of it (the pupils being thus 
virtually under the care and oversight of the teacher), 
as on the playground whether within the regular school 
hours or before or after them, is properly cognizable 
by the teacher. Any disturbance made by them with- 
in this range, injuriously affecting in any way the 
interests of the school, may clearly be the subject of 
rules by the trustees, and of reproof and correction 
by the teacher. 

Commissioner Draper has held that pupils may leave the 
grounds during noon recess by consent of their parents. 
(D 3698) 

In regard to what transpires by the way in going to 
and returning from school, the authority of the teacher 
is in most states except New York regarded as con- 
current with that of the parent. (30 la 429, 31 la 
562, 66 Mo 286, 85 Mo 485, 116 N W 232, 4 S W 122, 
23 Tex 386, 32 Vt 120) 

There is abundant authority that the trustees or 
the teacher may make rules to govern the conduct of 
pupils after school hours, and punish a violation 
thereof by suspension. (116 N W 235, citing 55 Am 
Rep 387, 59 Am Rep 776, 129 la 441, 3 L R A N. S. 
496, 62 L R A 160, 7 L R A N. S. 352, 132 Mich 13, 
85 Mo 485, 92 N W 495, 105 N W 686, 86 Pac 642, 
5 S W 122, 23 Tex Ap 386, 43 Wash 441) 

(157) 



158 Trustees : Extent of Authority [Part I 

So far as offences are concerned for which the pupils commit- 
ting them would be answerable to the laws, such as larceny, 
trespasses, etc., which come particularly within the category 
of crimes against the state, it is the wisest course generally 
for the teacher (whatever be his legal power*), to let the offen- 
der pass into the hands of judicial or parental authority, and 
thus avoid being involved in controversies with parents and 
others, and exposing himself to the liability of being harassed 
by prosecution at law. 

But as to any misdemeanors of which the pupils are guilty 
in passing from the schoolhouse to their homes, which directly 
and injuriously affect the good order and government of the 
school, and the right training of scholars, such as truancy, 
wilful tardiness, quarrelling with other children, the use of 
indecent and profane language, etc., there can be no doubt 
that these come within the jurisdiction of the teacher, and are 
properly matters for discipline in the school. 

A famous decision of the supreme court of Vermont (32 Vt 
1 14) illustrates and fully accords with the foregoing positions. 
The courts decided that such misdemeanors have a direct 
and immediate tendency to injure the school by subverting 
the teacher's authority, and begetting disorder and insubordi- 
nation among the pupils. The same doctrine is substantially 
recognized by the supreme court in some other states. * * * 
The governing principle in all cases like the Vermont case is, 
that whatever in the misconduct of pupils under like circum- 
stances, as to time and place, etc., has a direct tendency to injure 
the school in its important interests, is properly a subject of 
discipline in the school. 

It is sometimes objected to the foregoing views that the re- 
sponsibilities of teachers are in this way enlarged to an 
improper extent ; that if their authority extends beyond the 
schoolhouse limits and the school hours, their responsibilities 
must be increased in a corresponding ratio. But to this it may 
be answered, that the matter is to have a reasonable con- 
struction; that it cannot be expected that a teacher will 

*The teacher cannot punish a pupil for refusing to confess a crime for which 
he might be punished at law. — Public School Acts of Rhode Island, 1857, p. 53') 



District] Outside School Grounds 159 

follow his pupils into the streets to watch their conduct when 
beyond his view and inspection; the extent of his duty in 
this respect can be only to take cognizance of such misconduct 
of his pupils, under the supposed circumstances, as may come 
to his knowledge incidentally, either through his own obser- 
vation or other proper means of information. 

The English High court decided in 1905 that a boy guilty 
of improper conduct on the way home is liable to punishment 
by the teacher. 

Many states recognize this principle in their statutes. 

(31 la 512, 129 la 996, S.5 Ma 485, 32 Vt 114) 

In Mass. while the pupils are on their way to and from 
school, the authority of the teacher may be considered as 
concurrent with that of the parent or guardian. If the 
pupils in coming to school, or in going from it to their homes 
commit an offence against the civil laws, it will be well to 
leave the ofifenders in the hands of judicial or parental author- 
ity. But if the children quarrel on their way, or are wilfully 
tardy, or use indecent and profane language, or in any way 
by their conduct injure the good order and discipline of the 
school, the teacher may take notice of such conduct by 
subjecting the offender to such wise and judicious treatment 
as will have a tendency to prevent a repetition of the offence. 
In such cases the teacher should exercise great caution not to 
use any doubtftd authority, or any questionable modes of 
correction. 

In the 10th Mass. Report Horace Mann thus laid down the 
law which may be considered as still prevailing: "On the 
one hand there is certainly some limit to the jurisdiction of the 
committee and teachers, out of school hours and out of the 
schoolhouse; and on the other hand, it is equally plain, if 
their jurisdiction does not commence until the minute for 
opening school has arriVfed, nor until the pupils has passed 
within the door of the school-room, that all the authority 
left to them in regard to soine of the most sacred objects for 
which our schools were instituted would be of little avail. 
To what purpose would the teacher prohibit profane or 



160 Trustees : Extent of Authority [Part I 

obscene language among his scholars within the school-room 
and during school hours, if they could indulge in it with 
impunity and to any extent of wantonness as soon as the 
hour for dismissing school should arrive ? To what purpose 
would he forbid quarrelling and fighting among the scholars, 
at recess, if they could engage in single combat or marshal 
themselves into hostile parties for a general encounter within 
the precints of the schoolhouse, within the next five minutes 
after the schoolhouse should be closed ? And to what purpose 
would he repress insolence to himself, if a scholar, as soon as 
he has passed the threshold, might shake his fist in his teacher's 
face, and challenge hifn to personal combat ? These considera- 
tions would seem to show that there must be a portion of 
time, both before the school commences and after it has 
closed, and also a portion of space between the door of the 
schoolhouse and that of the parental mansion, where the 
jurisdiction of the parent on one side and of the committee 
and teachers on the oth,er is concurrent." 

The state sup't of N. J. says in the New York School 
Journal, March 3, 1900: "The school law of N. J. provides 
that every teacher shall have power to hold every pupil 
accountable in school for any disorderly conduct on the way 
to or from school, or on the playgrounds of the school, or 
during recess. So far as I know this right has never been 
questioned." 

In the case of Samuel Beatty vs. J. R. Randall, St. Louis 
Court of Appeals, 1899, it was held, "The jurisdiction of the 
schoolboard to make needful rules for the conduct of the 
pupils, and of the teachers to enforce such rules, is not 
confined to the school-room and the school premises, but ex- 
tends over the pupil on his road from his home to school and 
return." Mo. School Journal, May, 1899. 

It was remarked in the Ohio Sch(?ol Law for 1893 that in 
general the courts of the eastern states, notably the supreme 
court of Vermont, in their decisions sustain the authority of 
the teacher and the doctrine that he stands in loco parentis 
much more fully than do the western courts. 



District] Outside School Grounds 161 

In 1859, a teacher in Bedford, Ind., named Ariel Flynn, 
punished a boy on his way home from school for an act which 
the teacher saw him commit at that time. The court in- 
structed the jury that although the defendant as a teacher was 
by law vested with the delegated authority to exercise control 
over the boy as his pupil during school hours, yet after the 
adjournment of his school, and after the boy had left him and 
was on his way home, his authority over him had terminated, 
and his act of administering correction under the circumstan- 
ces was unauthorized by law. — American Educational 
Monthly, ii. 297. 

But recently the western decisions are practically 
unanimous in conceding concurrent authority to the 
trustees. The California law of 1909 grants it. 

The supreme court of Mich, declared in -1902 that the 
principal may make a rule that children shall go directly 
home after the close of school. He may enter a store where 
children are and order them home. The court says: "It is 
not only the legal right but the moral duty of the school 
authorities to require children to go directly from school to 
their homes." (62 L R A 160) 

Judge Norton of the supreme court of Mo. said in 
1902: "The effects of the scholars using to and with 
each other, obscene and profane language, quarrelling 
and fighting among themselves, would necessarily 
be felt in the school room." 

A school boy ran against a small boy on the playground and 
injured him, so that he had to be sent home. The offender 
was requested to accompany him, but refused, and was ex- 
pelled by order of the school board. The Mo. court of 
appeals ruled that the board could not be compelled by 
mandamus to reinstate him. 



162 Trustees : Extent of Authority [Part I 

In New York, the decisions of the state superin- 
tendents have uniformly denied that the teacher has 
either authority or responsibility, following the pre- 
cedent established in the following paragraph in thr 
Digest of 1844: 

The authority of the teacher to punish his scholars extends 
to acts done in the school-room or playground only; and he 
has no legal right to punish for improper or disorderly conduct 
elsewhere. — Per Spencer, Sup't. 

Thus Sup't Gilmour ruled: "I am aware of the existence 
of no law under which trustees or teachers have the right to 
regulate the conduct of scholars out of school hours and when 
away from the school." 

Sup't Ruggles wrote Jan. 31, 1SS5: "It has been held by 
this Department, that a teacher's authority over pupils 
ceases after the close of school and when they retire from the 
school-grounds." — S. B. xii. 62. 

On the other hand, in 1882 a Buffalo principal saw two of 
his school-boys after school fighting outside the school 
premises, and sent a messenger commanding them to desist, 
and come to him at once. They refused, and the next day 
when they came to school he punished them. He was 
arrested for assault and battery, and brought before Justice 
King, who discharged him, ruling that one of the most import- 
ant duties of teachers is to train and qualify their pupils to 
become useful and law-abiding members of society; this 
duty cannot be effectively performed without ability to 
command obedience, and reform bad habits; to enable the 
teacher to exercise this salutary sway, he is armed with power 
of the parent, that is, he stands in loco parentis, and is 
entitled in law and in rea,son to employ the means necessary 
to answer the purpose for which he is employed; and, finally, 
that the teacher has jurisdiction over the acts of pupils com- 
ing to, and going from school, if those acts tend to subvert 
the best interests, or the character, of the school, all of which 
is well settled by common sense and law. — S. B. viii. 136. 



District] Outside School Grounds 163 

In Nev. it is made a misdemeanor for any person or persons 
to detain, beat, whip or otherwise interfere with any pupil or 
pupils attending any public school in the State of Nevada, on, 
his, her, or their way to or from such school, against the will 
of such pupil or pupils. 

After the pupil reaches home, the rules of the school 
have no authority over him. (66 Mo 286) 

A pupil cannot be punished in school for not having done 
lessons at home, when forbidden by the parent to do so. 
"Ordinarily, an important part of a child's education is the 
study at home, but there the child has been punished for 
disobedience to an order which the master had no right to 
make." (13 Q B 225) 

Nor can a pupil be expelled for attending a social party 
contrary to the rules of the school. (35 Minn 309, 31 Mo 
533, 66 Mo 286) 

In Mass., however, it was held that Charlotte A. Sherman 
was rightly expelled lor acts of immorality and licentiousness 
committed out of school. (8 Cush 160) 

It has been decided that a pupil could not be expelled for 
reflecting on the trustee in a newspaper article (30 la 429), but 
there are contrary rulings (53 L R A 787, 32 N E 864, 
72 N E 91, citing 24 Pick 242, 245, 9 Cush 36, 42, 105 N W 
686, 62 S W872). 

On Oct. 19, 1906, a member of the senior class of the high 
school at St. Croix, Wis., wrote verses which ridiculed the 
rules of the school, and two younger pupils who took those 
verses to the office of a newspaper published in the village, in 
which it was afterward printed, were suspended by the 
principal till they should apologize and pay 40 cts. each. 
Petition was brought to reinstate the pupils. The court 
ruled that the requirement of 40 cts. must not be made (56 
la 476, 9 N W 356, 77 Mich 605, 43 N W 996, 6 L R A 534). 
But in suspending the pupils till apology was made the teachers 
did not abuse their discretion, but showed an earnest desire 
to counsel, admonish, and discipline the pupils for their own 
good as well as the good of the school. ( 1 16 N W 232) 



164 Trustees : Extent of Authority [Part I 

This principle has been most frequently questioned 
recently in the relation of schoolboards to secret 
fraternities, especially when the meetings were out of 
school hours and oft the school premises. 

The officers of a university may not refuse admission to or 
exclude students because they are members of a secret 
college socity, or will not pledge themselves not to become so. 

(42 Am R 496, 48 Gal 36, 54 Cal 28, 71 111 383, 79 111 567, 87 111 303, 48 Ind 
327, 82 Ind 278, 18 Mich 400. 7 Nev 342) 

Yet a rule of the Chicago board of education adverse to 
secret school societies is held to be neither unreasonable or 
unlawful (84 N E 697) . 

The California law of 1909 says: A board has author- 
ity to debar members of high school fraternities organ- 
ized against its will, although organized with consent 
of parents and outside of school hours, from partici- 
pating in certain privileges attendant on membership in 
the school, such as connection with athletic teams, musical, 
literary, and military societies, and customary commencement 
honors. (43 Wash 441 ; cf 137 111 A 187, 233 111 464) 

A rule of the school forbidding pupils to play football 
under auspices of the school is not unreasonable or in excess 
of the Authority of the board, although applied to conduct 
on holidays and away from the school grounds. (129 la 441) 



CHAPTER XIII 
Trustees: Rules and Regulations 

While in general the rules for any particular school 
will depend upon its peculiar circumstances and must 
be left to the local authorities, there are some kinds of 
rules of such universal application that usage has 
become fixed into law and must be followed. 

It has been decided by the courts that whether or not a rule 
is reasonable is a question of law for the court to decide and 
not one of fact to be determined by a jury. (63 111 350, 48 
Vt 473) 

Any rule for the school, not interfering with the rights of 
children or parents, or in conflict with humanity and the 
precepts of Divine law, which tends to advance the object 
of the law in establishing public schools, must be considered 
reasonable and proper. (31 la 562) 

In 1907 the American and English Annotated Cases 
made this summary (vi. 998) of rules that have been 
held reasonable: 

Suspending a pupil unnecessarily absent or tardy. (31 la 
562, 71 Mo 628, 48 Vt 444) 

Requiring tardy pupils to report to a member of the school 
committee. (116 Mass 366) 

Requiring tardy pupils to remain in the hall till the con- 
clusion of the opening exercises. (Ill Ind 472, 486) 

Requiring pupils to go directly home from school. (132 
Mich 13) 

Prohibiting pupils from fighting and using profane lan- 
guage after leaving school. (85 Mo. 485) 

Prohibiting members of Greek fraternity from participating 
in debating clubs and athletic organizations of a high school. 
(86 Pac 642) See page 164. 

(165) 



166 Trustees : Rules and Regulations [Part I 

Apportioning pupils among the schools so as to receive the 
benefits of proper instruction. (26 111 A 476) 

Requiring pupils to spend a certain period of time in the 
study and practice of music. (lOSIndSl) 

Requiring preparation of a rhetorical exercise. (29 Ohio 
St S9, 32 Vt 224) 

It summarizes these as held to be unreasonable: 

Barring doors against tardy children in cold weather. (63 
111 353) 

Prohibiting children just arrived at school age from entering 
except during the first month of several terms. (85 111 A 92, 
180 Mass 20) 

Prohibiting pupils under care of parents from attending 
parties, entertainments, etc., except by permission. (24 Mo A 
309, 32 Mo A 536, 66 Mo 286) 

Requiring a pupil to pay for wanton destruction of school 
property. (9 Am St 820, 1 16 Ind 1 1, 56 la 479, 77 Mich 605) 

Requiring pupils large enough upon returning from play- 
ground each to bring in a stick of wood for the stove. (63 
Wis 234) 

Requiring pupils to pursue the study of a certain subject 
against the will of the parent. (87 111 303, 50 la 145, 31 Neb 
552, 35 Wis 59) 

The discretion of a schoolboard can not be inter- 
fered with as to a matter within its jurisdiction. 

(35 la 445, 73 la 134, 93 la 269, 124 la 355, 129 la 998) 

In determining whether a rule is reasonable the 
court must inquire whether it is calculated to promote 
the objects for which the school was established. 
(85 111 A 95, citing 79 111 567) 

Acts of school officers will not be reversed when 
substantially in accordance with the law. (50 N E 
559) 



District] What Rules are Reasonable 167 

In Somerville, Mass., a special teacher lost her pocket-book. 
Suspicion was directed to a pupil, who was searched, most of 
her clothing being removed. The pocket-book was not 
found, and the teachers were sued for $1,000. Judge Sherman 
ruled that there were but two points for the jury to pass upon : 
(1) was there malice on part of teachers; (2) were there 
suspicious circumstances warranting effort to learn whether 
the child had the pocket-book. The jury decided in favor 
of the teachers. 

Pupils must not be compelled to do janitor work, 
like building fires, or sweeping the schoolhouse. (97 
111 375, 63 Wis 234) Compare pages 115, 168. 

In 1856, Judge Cutting of the Supreme Court of Maine 
decided that a boy attending school might be required by the 
teacher to build the fire at the schoolhouse his proportion of 
the time, and sustained the teacher for flogging a boy because 
he refused to make a fire. (A^. Y. Teacher, vi. 432) But 
this decision stands alone, and is not good law. — 38th Mass. 
Report, p. 151. 

A child who wantonly carries dirt into the school-room, or 
litters paper over the floor, may be required to gather up such 
refuse as has been scattered. But this is as a punishment. 
It may be very desirable, under certain circumstances, to 
have such work done to save money ; but no court will sustain 
a board in suspending a pupil for refusal to do the work thus 
required. (56 la 176) 

In New York the law confers upon trustees no power 
to inflict pecuniary fines (D 2091), even for injury to 
school property. 

(56 la 476 18 N E 266, 43 N W 996, Compare 2 111 A 584) 

Sup't Ruggles of New York wrote, Dec. 31, 1885, that 

pupils might be disciplined for refusing to make good damages 

to school property. — S. B. xiii. 62. 

Ariz, imposes a fine of 50 cts. and the cost of the book 

upon any one losing or destroying a library book, and a fine of 



168 Trustees : Rules and Regulations [Part I 

not less than 10 cts. for soiling it. Maine imposes a fine of 
$10 upon any minor who defaces the schoolhouse or out- 
buildings by obscene writing or marks, and his parents may 
be compelled to pay double the damage. Cal., Mont., N. J., 
Utah, and Wash, make the parents liable for damage. 

Fla. imposes imprisonment not exceeding 15 days, and 
fine not exceeding $100 upon any one who defaces a school- 
building or appurtenances by obscene writing, but e-iceinpts 
pupils of the school from this penalty. 

Ariz., Cal., Mont., N. J., Ore., Utah, and Wash, make 
pupils who injure or deface school property subject to sus- 
pension or expulsion. 

In la. a pupil broke a window costing about $3 while play- 
ing ball. The parents refused payment, and the superintend- 
ent expelled the pupil with the ratification of the trustees, 
but the court held that they had no right to promulgate or 
enforce such rule. Judges Rothrock and Sweevers dissented 
and quoted from the code to sustain their dissent, but the boy 
was reinstated. (56 la 476) 

Rules may doubtless be made forbidding the use of 
tobacco in the schoolhouse or on the school-giounds. 

Ark. especially provides that the trustees may enforce a 
rule against the use of tobacco or whiskey, or the carrying of 
deadly weapons. 

But the teacher may not enforce such a rule against the will 
of the trustees. See page 156. 

Sup't Ruggles ruled in 1885 that a teacher had the right to 
forbid the use of tobacco by pupils as the school provides. — 
5. B. xii. 62 

Arizona provides that pupils who go to school with- 
out proper attention to personal cleanliness and neat 
apparel shall be sent home to make proper preparation, 
or shall be required to prepare therrselves at the 
schoolhouse before entering the schoolroom. 



District] Special Instances 169 

It adds that every school-room shall be properly provided 
with a wash-basin, soap, and towels. If so there should be 
an abundance of towels. There has been wide complaint 
where children have been forced to use the same towel with 
many others, with liability to contract contagious disease. 
East Orange, N. J., furnishes paper towels, a fresh one for 
every use. 

Ariz, also gives power to exclude children for filthy or 
vicious habits. 

A little girl of foreign parentage in a Brooklyn school was 
sent home for a bath, whereupon her mother indignantly 
protested that the child was 'sewed up for the winter'. 

The teacher has no right to impose his notion of 
attire upon pupils. Their clothes must be whole and 
neat, but they need not follow any prescribed fashion. 

Sup't Weaver of New York decided April 6, 1874. that a 
child could not be expelled for wearing the hair in a way for- 
bidden by the teacher but approved by the mother. 

Left-handed children may be urged to use the right 
hand, but should seldom be compelled to do so. 

As to the right of the teacher to require left-handed chil- 
dren to write with their right hand, the Department will not 
lay down any general rule upon the subiect. If a left-handed 
child can be taught to use the right hand in writing, it should 
be done; but when a child has always used his left hand, and 
has come to be 12 or 14 years of age, it seems very doubtful 
whether it is practicable to change the habit, and therefore 
doubtful whether the teacher should insist upon it. (D 4048) 



CHAPTER XIV 

Trustees: Hours of School 

The hours of school are usually six, — 3 in the morn- 
ing and 3 in the afternoon, with recesses in the middle 
of each session of 10 minutes for the boys and 10 

minutes for the girls. 

Unless there is specification in the contract, it is understood 
that the hours of school are those customary in the district. 

The school law does not prescribe the hour when schools 
shall be opened, nor the number of hours during which they 
shall be kept open. Custom, it is true, fixes the period some- 
where between the hours of 8 a. m., and 5 p. m , but this 
ctistom may be departed from, at the discretion of the trus- 
tees, and to suit the wants of the pupils. 

Recess belongs to the pupil, especially the noon 
intermission. Compare page 157. 

A pupil was denied the privileges of the school because he 
persisted in leaving the school-grounds during the noon recess. 
Held, an insufficient cause; that the teacher has no claim 
upon the pupil's time during the recess. (D 3698) 

The Arizona law says no pupil shall be detained in school 
during the intermission at noon, and a pupil detained at any 
recess shall be permitted to go out immediately thereafter. 
All pupils, except those detained for punishment, shall be 
required to pass out of the school-rooms at recess, unless it 
would occasion an exposure of health. 

Obvious hygienic requirements make separate recesses for 
each sex indispensable where the playgrounds are not wholly 
distinct. But this last is now required in New York (116), and 
and is becoming so in other states. 

In some schools no recesses are given, the session being 
shortened proportionally. It is becoming customary to 
dismiss primary classes before the close of each session, and 
is usually advisable. 

(170) 



District] Hours of School 171 

Arij. requires that the session shall begin at 9 o'clock and end at 4, with 
an intermission from 12 to 1, and recesses from 10.40 to 11, and from 2.40 to 
3. In primary schools where the average age of the pupils is 8 years, the 
daily sessions shall not exceed 4 hours a day, exclusive of intermission and 
recesses; where it is under 8 years, the confinement in school must not exceed 
3}^ hours. Ore. has a similar provision. Cal. limits the number of school- 
houis to 6, and forbids that pupils under 8 shall be kept in school more than 
4 hours. 

Mont., Ore., Wash., name 6 hours for pupils over 8, but permit the trustees 
to order fewer. Va. prescribes that no school shall be taught fewer than 6 
hours; Fla. not more than 6 or fewer than .5. 

Mont., Ore., Wash., give the teacher power to dismiss all scholars under 8 
after a 4 hours session. 

It has usually been held that teachers may, at their 
discretion, detain scholars a reasonable time after the 
regular school hours, for reasons connected with the 
discipline, order, or instruction of the school. 

This practice has been sanctioned by general usage, and by 
the authority of school boards, expressed or implied. There 
is in most states no law defining precisely school hours, as 
they are termed, or the hours within which schools are to be 
kept. This is regulated by usage, or by the directions of 
school boards, varying in different localities, and also in 
different seasons of the year. The practice under considera- 
tion, of occasionally detaining pupils after the regular school 
hours for objects connected with the school arrangements, 
rests upon precisely the same authority. 

It is questionable, however, whether under the 
restrictions placed in New York upon the teacher's 
authority (see page 162), this custom is legal. If 
the teacher's authority is limited to the school-grounds 
it would seem to be limited by the school hours. la. 
forbids the teacher to detain the pupil after school 
against the wish of the parent. 



CHAPTER XV 
Trustees: School Attendance 

The most important rules are those in relation to 
attendance. 

In many states the right to be educated in common 
schools is entirely legislative. (40 How Pr 249) ^ 

But in New York it is a provision of the constitution 
(Art 9, Sec. 1) : 

Common schools. The legislature shall provide 
for the maintenance and support of a system of free 
common schools, wherein all the children of this state 
may be educated. 

The conditions under which the child may attend are 
however a matter of legislation. 

The schools are free to all persons over 5 and uadcr 
21 years of age residing in the district. (568, 26 111 A 
476, 85 111 A 9^) 

If there be a free kindergarten legally established, children 
over 4 years are counted as of school age. Otherwise the 
apportionment is made upon the attendance of children fo 
from 5 to 18 years. 

It is the duty of a town supporting a pauper to pay for his 
education in the town where the schoolhouse is. (Poorhouse 
vs. Town of Sheldon, Vt. 1902) 

Children of school age, in the trustee's report, in- 
clude all children over 5 and under 18 years of age, 
-who on the June 30 last preceding the date have 
been actually in the district, comprising a part of the 
family of their parents, guardians, or employers, 
residing, even but temporarily, in the district: but not 

(172) 



District] Admission of Children 173 

including the children of a family residing in another 
district in which such children may be by law included 
in the report to its trustees; nor any children support- 
ed at a county poor-house or orphan asylum, nor any 
Indian children on reservations provided with separate 
schools. (198) 

A Catholic orphan asylum is not a public school. ( 13 Barb 
400, 34 How Pr 227, 16 Nev 373) 

But if the children in such asylum are sent to the public 
schools for tuition they must be received as residents. Some 
of the orphan asylums in Syracuse do this. 

As a general rule, if the child whose parents or guardians 
live out of the district is residing, even if temporarily, in the 
district in good faith and not to avoid payment of tuition, 
such child should be enumerated; otherwise in the district 
where its parents or guardians reside. Children visiting or 
boarding are to be enumerated where they permanently reside. 
(1886— Sup't Morrison.) 

A resident child of non-resident parents is a bona fide 
resident. (3 A & E A 692) 

The parent or guardian may appoint his place of residence. 
(5 Pick 26, 4 Allen 462, 74 Wis 48) 

A man may reside in one place and have his domicil in 
another. (58 Me 207, 13 L R A 158) 

The parent cannot claim right to select the school. (13 
Abb Pr 159) 

A father with whom his minor child is living may bring 
mandamus to compel his admission to public schools. (84 
Pac 382) 

In Pa. the decision of trustees that children are not resi- 
dents cannot be reviewed. (64 Atl 247) 

For full discussion of residence see A^. E. Journal of Ed'n, 
Feb. 16. 1905. 

Nonresidents of district, if otherwise competent, 
may be admitted into the school of a district or city, 



174 Trustees : School Attendance [Part I 

upon the consent of the trustees, or the board of ed- 
ucation, upon such terms as they shall prescribe. 
(568, 55 Neb 317. 75 N W 855) 

If such nonresident pupils, their parents or guardians, are 
liable to be taxed for the support of said schools in such 
district or city, on account of owning property therein, the 
amount of any such tax paid by a nonresident pupil, his 
parent or guardian, during the current school year, must 
be deducted from the charge for tuition. (568) 

When so admitted, the teacher may not refuse to instruct 
them. {604) 

In Tenn. a statute requiring a board of education vested 
with title to all school property within the limits of a city, 
and which receives state aid in the maintainance of its schools, 
to admit thereto, free of charge, all children living within 
}/2 mile of the city limits, is held not to deprive it of its 
property without just compensation. (58 L R A 170) 

No person may be refused admission into or be 
excluded on account of race or color. (980) 

(71111383,127111613, 179 111 615,193 III 309, 26 111 A319, 51 Pac 741 But 
see 41 Atl 126) 

Union free schools may establish separate colored schools 
(981). See page 399. 

Without statutory authority trustees cannot exclude 
a colored child. (91 Pac 88) 

No child or person not vaccinated may be admitted 
or received into any of the public schools of the state, 
and the trustees or other officer having the charge, 
management or control of such schools must cause 
this provision of law to be enforced. (49:1909) 

They may adopt a resolution excluding such children 
and persons not vaccinated from such school until vaccinated, 
and when any such resolution has been adopted, they must 
give at least 10 days notice thereof, by posting copies of 
the same in at least 2 public and conspicuous places within 



District] Vaccination 175 

the limits of the school government, and announce therein 
that due provision has been made, specifying it, for the 
vaccination of any child or person of suitable age desiring 
to attend the school, and whose parents or guardians are 
unable to procure vaccination for them, or who are, by reason 
of poverty, exempt from taxation in such district. (49 : 1909) 
Such trustees or board may appoint a competent physi- 
cian and fix his compensation, who must ascertain the number 
of children or persons in a school district, or in a subdivision 
of a city school government, of suitable age to attend the 
common schools, who have not been vaccinated and furnish 
such trustees or board a list of their names. Every such 
physician must provide himself with good and reliable 
vaccine virus with which to vaccinate such children or persons 
as such trustees or board shall direct, and give certificates 
of vaccination when required, which are evidence that the 
child or person to whom given has been vaccinated. The 
expenses incurred in carrying into effect the provisions 
of this and the preceding section are deemed a part of the 
expense of maintaining such school, and must be levied 
and collected in the same manner as other school expenses. 
The trustees of the several school districts of the state must 
include in their annual report the number of vaccinated 
and unvaccinated children of school age in their respective 
districts. (49:1909) 

No school law has caused more discussion than this. (103 Am St 859, 
48 Atl 873. 64 Art 419, 65 Conn 183, 5 D R 732, 167 111 67, 177 111 572, 60 HI A 
291, 66 111 A 159, 25 L R A 152, 29 L R A 251, 37 L R A 1.57, 50 L R A 64, 
58 L R A 78, 70 L R A 796, 72 N E 97, 81 N E 568 84 N E 1046, 47 N W 81, 
68 N W 1036 70 N W 347, 162 Pa 476, 192 Pa 349, 198 Pa 638, 60 Pac 1013, 
95 Wis 390. See Pa. School Journal, June 1906; Am. School Board Journal, 
Jan., 1908, July 1909) 

It was held in an Illinois decision that in the absence of small-pox in the 
community or cause to apprehend the appearance, vaccination cannot be 
compelled as a condition precedent to admission. Neither the city of 
Geneseo, nor the board of health, nor the board of health of the state of 
Illinois, has power to require compulsory vaccination except in public 
contingency or threatened epidemic. 

It may likewise be required of the teacher. (Lyn- 
dell vs. H. S. Com., Pa. 1902.) 



176 Trustees : School Attendance [Part I 

In Pa. the duty of excluding un vaccinated children 
is imposed on principals, not on school boards. (67 
Atl 56, 69 Atl 734) 

It has been held that a rule that children under 
eleven cannot enter school except at the beginning of 
the fall term is reasonable (61 N E 253) . See page 166. 

On the other hand it has been held that a rule that caused 
a child who arrived at school only 31 days after the fall 
term commenced to lose the benefits of the free school not 
only during that term but during the following winter term, 
was not a reasonable one, or calculated to promote the objects 
of the law. (85 111 A 92) 

Trustees have authority to make and to enforce 
rules as to regularity of attendance. (116 Mass 366) 

The parent has no right to interfere with the order of 
the school or the progress of other pupils by sending his 
own child at times and in condition or under restrictions 
that will prove an annoyance and hindrance to others. 
(31 la 562) 

This view of the authority of the trustees has been 
extended to the following special cases : 

In 1S74, two girls in the Dover (N. H.) high school refused 
to attend examination and graduate in the city hall on the 
ground that it was too public. The principal suspended 
them. The parents applied to Judge Doe for an injunction 
against the suspension, and the case was referred to the full 
bench at Concord. The application was denied, on the 
ground that the subject-matter was within the jurisdiction 
and discretion of the school authorities 

In 1874, certain Catholic children of Brattleboro were 
expelled from the schools for attending mass on the holy 
day of Corpus Christi, though their pastor, Father Lane, had 
asked permission from the committee for their non-attend- 
ance at school that morning. Judge Barrett, of the Supreme 
Court, decided that the committee were legally justified in 



District] Regularity Required 177 

acting as they did ; and went on to show that school commit- 
tees are supreme in their rights over parents; that a citizen 
has no more right to disregard the rules made by a school 
committee than he has to defy the law by which the com- 
mittee was empowered. He said that if parents be allowed 
to set their wishes against the rules of the trustees, then 
practically the ground of system, order, and improvement 
has no existence, and it makes no difference so far as its effect 
on the school is concerned whether the detention involves con- 
science, will, whim, or the pocket. (48 Vt. 444) 

In 1875, a Jewish girl was expelled from the Sherwin school, 
Boston, for not attending the Saturday sessions. 

The father sent a petition to the board. That petition 
was referred to the Sherwin committee. They heard the 
father's statement. He explained why he had kept the child 
from the school, and the position of the Israelites in respect 
to Saturday, their Sabbath. He asked that he might be 
permitted to send his child to school 5 days in the week, 
keeping her from school every Saturday. It was explained 
to him why the committee could not officially make such an 
exceptional arrangement. They respected, however, the 
father's scruples in regard to work on the Sabbath, and 
agreed that the child might be excused on Saturdays from 
what he regarded as "manual labor"-writing, ciphering, 
and the like. The father seemed satisfied with the action 
of the committee; and his child has ever since been a regular 
attendant upon the school. 

It is therefore safe to consider this has been the 
prevailing law, at least in the eastern states. But we 
believe it is sometimes earned so far as to work our 
school system serious injury. 

In the last case we have intolerance enforcing hypocrisy. 
The child's religion either does forbid her to work on the 
Sabbath, or it does not. If it does not, there is no reason 
why she should not "write, cipher, and the like", as well as 
the rest. If it does, then she should not attend school at all. 
Her presence, under these conditions, teaches every Christian 



178 Trustees : School Attendance [Part I 

pupil in school that one's lesson may be studied or any men- 
tal labor done on Sunday which does not involve "writing, 
ciphering, and the like". 

Excuses from parents or guardian may be exacted 
in case of absence or tardiness (13 111 A 520, 27 
Vt755). Seepage 185. 

In Indiana a teacher may chastise a pupil for refusing to 
give an excuse for absence without leave. (69 Ind 29.5) 

In Ore. teachers are authorized to require excuses from par- 
ents or guardian of pupils, either in person or by written note 
in all cases of absence or tardiness or dismissal before the close 
of the school, and no excuse shall be deemed valid except 
that of sickness or necessary employment. The teacher 
shall be the judge of the sufficiency of excuses, subject to 
an appeal to the directors; provided, that boards of directors 
may, by formal adoption, change the character of the excuses 
which shall be deemed valid. 

The Arizona law says teachers shall require excuses from 
the parents or guardians of pupils, either in person or by 
written notes, in all cases of absence or tardiness, or of dis- 
missal before the close of school. Sickness of the pupils, 
or in the family, or some urgent cause rendering attendance 
and punctuality impossible, or extremely inconvenient, 
shall be regarded as the only legitimate excuse for absence 
or tardiness. 

Among the rules established by the board in a certain 
district was this: "All pupils will be required to bring 
written excuses froin their parents to teachers for absence, 
and such excuses must be satisfactory and reasonable, 
otherwise they will not be granted." The court commented 
upon the rule as follows: "The rule in question is not a 
hard or harsh one. It does not of itself indicate any sinister 
or malevolent purpose, or wicked force, on the part of the 
directors. It does not trench upon the rights or dignity 
of any one. We instantly and properly repel any encroach- 
ment upon our rights as citizens. We have a proper pride 
and ambition in maintaining these rights under any and 



District] Tardiness 179 

all circumstances. But I am utterly unable to understand 
how this simple rule or regulation, requiring the pupil in 
certain cases to bring a written excuse from its parents to 
the teacher, is an attack upon, or an abridgment of, our 
inalienable rights as citizens of this free country." (13 111 
A 520) 

Tardiness is among the most serious obstacles to 
successful discipline and instruction, and may be 
rigorously suppressed. 

Tardiness, that is, arriving late, is a direct injury to the 
whole school. The confusion of hurrying to seats, gathering 
together books, etc., by tardy ones, at a time when all should 
be at study, cannot fail to greatly impede the progress of 
those who are prompt and regular in attendance. The rule 
requiring prompt and regular attendance is demanded for 
the good of the whole school. (31 la 562, 111 Ind 472) 

In Oregon tardiness for more than one hour counts as a 
half -day's absence in reckoning the absence for which a 
pupil may be suspended. 

In 1853, the superintendent decided that "teachers 
have the right to close the doors of their school-room 
against all pupils who may claim admission fifteen 
minutes after the time of opening the school." ( D 
1687). Later decisions have ruled tjiat the teacher 
should not keep tardy pupils in the entry, especially 
in cold weather (605, 87 111 303). Seepages 165, 6. 

In Wisconsin, the superintendent decides that "to lock 
the door against tardy pupils, say at ten o'clock, is of doubt- 
ful propriety. The schoolhouse is a public place. The 
tardiness may not be fhe fault of the child. It might be a 
serious discomfort to the child to be turned back home. 
Let the school be made attractive." And again: "Tardi- 
ness is, of course, a great annoyance. It is difficult to say 
how far the courts would sustain rules excluding pupils from 
school for being late. It is doubtful whether it is good 



180 Trustees : School Attendance [Parti 

policy to turn tardy scholars into the street, perhaps to get 
into mischief; perhaps to suffer from cold, from waiting 
outside; certainly to lose more time. Persuasion, attractive 
lessons in the morning, an attractive school, privation of 
recesses, final degradation to a lower class if all fails, would 
perhaps be better remedies." — Wis. Journal of Ed'n, 1877, 
p. 125. 

One of the pupils in one of the public schools of Shelbyville, 
Ind., came to the school-room door on an extremely cold 
morning in Jan., 1885, and found it locked. She therefore 
returned to her home through the cold and snow, and as a 
result both feet were frozen and permanently injured. Judge 
Niblack said that tardiness is a recognized offence against 
the good order and proper management of all schools, and 
that a tardy pupil ought not, therefore, to complain of some 
inconvenience or annoyance of having to remain in some 
other part of the building for the short period of time required 
to complete the morning exercises; but he said that in 
enforcing such a rule, due regard must be had to the health, 
comfort, age, and mental circumstances attending each 
particular emergency. 

He went further, and said that teachers should relax 
somewhat from the strict enforcement of rules in cases of 
physical or mental infirmity, and that no rule, however 
reasonable it might be in its general application, should be 
enforced when that would inflict actual or unnecessary 
suffering. He said that the habit of locking the door during 
the morning exercises was not unreasonable under ordinary 
circumstances, but that when done on an extremely cold 
mornmg, special care and attention should be given to such 
pupils as might be obliged to wait in some other part of the 
building. (69 Ind 295) 

(12 Allen 127, 8 Cush 160, 79 111 567, 87 111 303, 56 la 476, 38 Me 376, 
105 Mass 475, 59 N H 473, 29 Ohio 89, 23 Pick L24, 32 Vt 224, 24 Wis 683. 
35 Wis 59, 63 Wis 234) 

Absence is also a direct interference with both the 
discipHne apd the progress of the school and, reason- 
able regulations against it may be enforced. 



District] Absences 181 

In Mo., suspension for 6 half days' absence in 4 consecutive 
weeks has been upheld, and in la. for 6 half days' absence 
and 2 instances of tardiness in the same time. In this last 
case. Judge Beck said: "It requires but little experience in 
the instruction of children and youth to convince any one 
that the only means which will assure progress in their 
studies is to secure their attendance, the application of the 
powers of their mind to the studies in which they are instruct- 
ed. Unless the pupil's mind is open to receive instruction, 
vain will be the effort of the teacher to lead him forward in 
learning. This application of the mind in children is secured 
by interesting them in their studies. But this cannot be 
done if they are at school one day and at home the next; if a 
recitation is omitted or a lesson left unlearned at the whim, or 
convenience of parents. In order to interest a child he must 
be able to understand the subject in which he is instructed. 
If he has failed to prepare previous lessons he will not under- 
stand the one which the teacher explains to him. If he is 
required to do double duty, and prepare a previous lesson, 
omitted in order to make a visit or do an errand at home, 
with the lesson of the day, he will fail to master them and 
become discouraged. The inevitable consequence is that 
his interest flags and he is unable to apply the powers of his 
mind to the studies before him. The rule requiring con- 
stant and prompt attendance is for the good of the pupil 
and to secure the very objects the law had in view in estab- 
lishing public schools. It is therefore reasonable and proper. 
"In another view it is required by the best interests of 
all the pupils of the school. Irregular attendance of the 
pupils not only retards their own progress, but interferes 
with the progress of those pupils who may be regular and 
prompt. The whole class may be annoyed and hindered 
by the imperfect recitations of one who has failed to prepare 
his lessons on account of absence. The class inust endure 
and suffer the blunders, promptings and reproofs of the irreg- 
ular pupils, all resulting from failure to prepare lessons 
which should have been studied when the child's time was 
occupied by direction of the parent in work or visiting." 
(31 la 562) 5. B. vii. 10. 



182 Trustees : School Attendance [Part I 

(12 Allen 127, 8 Cush 160. 13 111 520, 137 111 296, 31 la 502, 116 Mass 363, 
18 Mich 400, 48 Vt 444) 

In Ore. whenever the unexcused absences amount in one 
term to 7 days, the teacher may suspend him. 

Even in a private school constancy of attendance may 
be required, A girl attending Lasell seminary was taken 
away by her mother over Sunday against the rules of the 
school and was expelled. The mother sued to recover the 
money advanced for board and tuition and failed, the court 
holding that the conditions of the catalogue were reasonable. 
(46 N E 110) 

A law school, however, cannot dismiss a student or refuse 
to permit him to graduate, for irregularity of attendance, 
when it was understood that payment of the required fees 
and completion of the work were all that was required or 
necessary. (Baltimore Uv. vs. Colton, Md Supreme Court, 
Feb. 19, 1904) 

In 1874 the board of education of Hornell adopted 
a rule that in every case of absence of a pupil for more 
than 5 days during any term for any other cause than 
sickness or death in the family, or religious observance, 
the absentee should be suspended until the beginning 
of the next term. Its legality being questioned, the 
superintendent replied : 

Under the provisions of the law cited in your letter of the 
19th inst., your board of education possesses the power to 
suspend pupils from school for causes which seem to merit 
such treatment. In my judgment, however, it would be 
unwise to enforce strictly the rule referred to in your letter. 
The object and intention of the law is to get pupils into the 
schools — not to keep them out. 

In another case tl e same superintendent, Mr. Gil- 
mour, went still further. 



District] Punishment for Absence 183 

Among the regulations of District No. 2, Ellington, was 
this: "Any scholar absenting himself from any examination 
or part thereof, appointed by the teachers, without necessity 
duly certified beforehand, either by himself or his parents 
or guardian, shall not be admitted to the school afterwards, 
except by permission of the board and the approval of the 
principal." 

On Feb. 4, 1875, before the written examination, the 
mother of three boys asked by written note that they be 
excused from the last days of the term, and withdrew them 
from the school. On the opening of the next term, the 
three boys were refused admission under the above rule, 
the note not being accepted as a sufficient compliance with 
the regulation. This was over-ruled by Sup't Gilmour, 
who decided that boards of education have no right to make 
any regulation under which children are liable to perpetual 
exclusion from school for an act of the parent (f^OS), 

This view was carried yet further , under Sup't 
Ruggles. In September, 1884, the St. Johnsville 
board of education established the following rules : 

The principal and teachers of the different rooms may 
suspend pupils under their immediate control for: 1. Three 
cases of absence, unless the absence be caused by personal 
sickness, or serious illness or death in the family, or by some 
pressing emergency. But one case of absence can be counted 
in the same day. * * * 

The power of reinstatem.ent shall be limited to the board 
of education or the principal. * * * 

Any pupil suspended for any cause shall not be entitled 
to any privileges of the school until reinstated. 

For four such absences the father of Clarence Sanders 
refused to give any reason ; and on Nov. 5, the boy was sus- 
pended, and on presenting himself at school the next day 
was refused admission. His father appealed to the state 
department, which on March 20, 1885, decided that the boy 
must be reinstated, on the grounds (1) that the power of 
suspension should not be delegated from the board to a 



184 Trustees : School Attendance [Part I 

teacher; (2) that to require the parent to state the particular 
cause for a child's absence or detention is not only unnec- 
essarily inquisitorial, but, logically carried out, would permit 
the teacher or trustees to pass judgment on the parent's 
exercise of authority over his child. 

This decision (reported in full in the School Bulle- 
tin for May, 1885) caused wide and generally unfavor- 
able comment. 

Commissioner Draper took a wholly different view, 
and gave to the author of this volume for publication 
a copy of the following letter, showing the ground 
afterward taken by the education department: 

That the school authorities have the power to exclude 
from the benefits of the schools, pupils who refuse to comply 
with reasonable regulations relative to attendance, I have 
no doubt. I consider a regulation to the effect that a pupil 
who is absent or tardy shall bring his teacher a written 
excuse from his parent or guardian, to be entirely proper 
and the department will therefore sustain you in enforcing 
it. The letter addressed to one of your teachers is a highly 
improper and insulting one. If this parent persists in send- 
ing his child to school with irregularity and in refusing to 
give any proper excuse for this course, you will be justified 
in excluding the child altogether. 

The schools are surely for the benefit of all and all have 
common rights in them, but these rights must not be abused 
by any individual to the injury of others. If one parent 
can maintain the position which this one assumes, then all 
can, and if all can then the school system is liable to utter 
over-throw and destruction. This of course we cannot 
concede. You are advised to notify the person writing the 
letter which you enclose to me of the contents of this com- 
munication; to receive the child into the school if the parent 
manifests a disposition to comply with the law. Otherwise 
you will be upheld in excluding the child in question. 



CHAPTER XVI 
Trustees: The Compulsory Law 

The trustee is however less frequently concerned m 
excluding children from school than in compelling 
their attendance under the compulsory law. 

The natural right of parental dominion does not render 
unconstitutional a statute requiring children to be sent to- 
school. (60 L R A 739; 61 N E 730) 

1. All children between 8 and 16 years of age must 
attend upon instruction the entire time the ptiblic 
school is in session during the period between October 
1 and June 1, unless, 

In cities and villages of 5,000 the limits are 7 and 16. 

For Indian children the requirements are practically the same, except 
that the age requirement is 6 and 16, instead of 8 and 14. (900, 1) 

(a) Physically or mentally incompetent. (530-2) 
(a) A child is "physically or mentally incompetent" 
who is ill or physically unable to attend school (which may 
be certified by a competent physician if required by school 
authorities), an idiot, or defective, epileptic, deaf, dumb or 
blind, requiring special physical or mental treatment or in- 
struction in special classes or schools. 

(6) Between 14 and 16 years of age and regularly 
employed under a labor certificate issued by the local 
board of health, or a school record certificate. (530-2) 

In cases of temporary absence, the attendance di- 
vision has ruled that the following excuses may be 
accepted as legal : 

1. Severe storm or roads absolutely impassable for man 
or beast. 

2. Contagious disease in a community; the school 
authorities or local boards of health determining when the 
danger of conveying the disease has passed. 

(185): 



186 Trustees : Compulsory Law [Part I 

3. Sickness in the pupil's family requiring his or her 
services for a day or two until other help can be secured. 

4. Days set apart for religious observance or instruction. 
In all such cases, however, arrangements should be made with 
the priest that school work may not be interfered with. 

5. One half day weekly for music lessons. 

The following excuses frequently offered by par- 
ents and school authorities are not legal t 

1. Poverty. The Attendance Division has ruled that the 
intention of the Legislature being to give every child a com- 
mon school education, a logical interpreation of the statute 
requires the locality, through its poor authorities to furnish 
the means necessary to effect that end in those cases where 
the enforcement of the law would work suffering or hard- 
ship. It therefore insists that such local poor authorities 
furnish clothing, shoes, food, books and other necessaries to 
indigent children. 

2. Distance from the schoolhouse. Parents are required 
to furnish conveyance; if too poor to do so, transportation 
must be furnished by the district. The district may provide 
for transportation of pupils who live remote from school or 
maintain branch schools. 

3. Unfit physical condition. Where a parent sends a 
child to school in such a condition that it brings into the 
school vermin or other contagious disorder, the school author- 
ities have the right to refuse admission and treat the fact that 
the parent has not sent the child in a condition to attend as 
tantamount to a neglect to cause the child to so attend, for 
which the parent may be arrested and punished. 

4. Suspension. Pupils suspended for a period to exceed 
one week must be committed to a truant school. 

2. All children between 8 and 16 years of age must 
attend a school in which the six common school 
branches of reading, spelling, writing, arithmetic, 
English language and geography are taught in Eng- 
lish, or upon equivalent instruction elsewhere. (530) 



District] Employment Certificate 187 

"Equivalent instruction elsewhere" means instruction in 
above subjects by a competent teacher during usual school 
hours. Children taught at home may be required to take 
public school examinations. 

3. No child under 14 years of age may be employed 
at any time in a factory, mercantile establishment, 
business or telegraph ofhce, restaurant, hotel, apart- 
ment house or in the distribution or transmission of 
merchandise or messages. {Labor Law, Sees. 70-76) 

There are no exceptions, except in villages and cities. 
See Chapters XXVI, XXVII. 

The term "factory" includes mills, workshops or other 
manufacturing or business establishments where one or more 
persons are employed at labor. 

The term "mercantile establishment" means any place 
where goods, wares or merchandise are offered for sale. 

4. No child under 14 years of age may be employed 
in any occupation whatever during any part of the 
term the public school is in session. (532) 

The employment of a child before or after school hours 
or on Saturdays during the school term is prohibited. A 
child who is working for a parent will be regarded as employed 
if the employment is in any labor exercised by way of trade 
or for the purpose of gain. 

5. No child between 14 and 16 years of age may be 
employed. 

I. In a factory, mercantile establishment, busi- 
ness or telegraph ofhce, restaurant, hotel, apart- 
ment house or in the distribution or transmission 
of merchandise or messages unless in possession 
of a labor certificate issued by the local board of 
health. (530-4) 



188 Trustees: Compulsory Law [Part I 

1. Labor certificates are issued by the local board of 
health at place of residence or employment of child on ap- 
plication of the parent or custodian who is required to furnish 
such board the following: 

Evidence of the age of the child. 

The school record certificate. 

The board may refuse to grant a certificate to a child 
who may seem to be physically unable to perform the work 
which it intends to do; in doubtful cases, such physical fitness 
is to be determined by the medical officer of the board of 
health. Such board is required to transmit to the commis- 
sioner of labor between the 1st and 10th day of each month 
a list of names of children to whom certificates are issued. 

Labor certificates should be filed with the employer, who 
is required to keep a registry containing name, birthplace, 
age and place of residence of all children under 16 employed 
by him. 

A duly attested transcript of the birth certificate filed with 
a registrar of vital statistics is conclusive evidence of the age of 
a child. 

In case such certificate can not be secured the following 
evidence may be accepted in the order named : 

Certificate of graduation from a public school and in New 
York State a private school having a course of not less than 8 
years, provided the school records shov) the child to be not less 
than 14 years of age. 

Passport or baptismal certificate. 

Other evidence may be accepted in case the board de- 
cides none of the above certificates are available. 

II. At home or elsewhere than in the above 
mentioned employments unless in possession of 
school record certificate. (530-4, Labor Law, 
Sec. 70-76, 161-67) 

School record certificates are issued by the principal 
teacher of the public school of the district. Applicants must 
be 

1. 14 years of age at time of application. 



District] School Record Certificate 189 

2. Have attended school at least 130 days during one 
of the following 12 month periods: 

12 months next preceding the 14th birthday. 
12 months next preceding the application for the cer- 
tificate. 

3. Have received during such period instruction in read- 
ing, writing, spelling, English language and geography. 

4. Able to read and write simple sentences in the English 
language and familiar with the fundamental operations of 
arithmetic up to and including fractions. 

If the 130 days' attendance occurred during the 12 
months next preceding the 14th birthday, the certificate may 
be applied for at any time after that date ; if subsequent to the 
14th birthday, the certificate should be applied for at the 
expiration of the 12 month period for which credit is sought. 
In counting the 130 days, only days of actual attendance 
should be included, excluding holidays, institute week or 
the period school is closed on account of the prevalence of a 
contagious disease in a district. Attendance at other schools 
or truant institutions may be included provided a certified 
copy of the record of attendance is furnished. In cases of loss 
or destruction of the register a teacher may accept other evi- 
dence in his discretion. 

Teachers should apply direct to the Education de- 
partment for school record blanks, stating the number 
required for immediate use and attaching their of- 
ficial signature; i. e., John Doe, Teacher. 

They should also keep a record of certificates issued. 
This does not mean the filing of a duplicate certificate 
at the Education Department. Teachers in private 
schools should present the certificates to the prin- 
cipal of the public school for signature. 

The teacher is the sole judge of the educational quali- 
fications of the applicant. In determining such qualifications 
teachers should be guided by the specific language of the 
statute. The question of the grade of a pupil is immaterial. 



190 Trustees: Compulsory Law [Part I 

If the child is to he employed in a factory or mercan- 
tile establishment the school record should he filed with 
the local hoard of health; if employed at home or else- 
where, such certificate should he retained by the child. 

Parents or employers violating the labor provisions 
of the attendance law may be fined $20 and not more 
than $50 for the first offence; for a second and each 
subsequent offence a fine of not less than $50 nor 
more than $200; for violating the labor law or making 
false statements in any affidavit, record transcript 
or certificate in an application for an employment 
certificate a fine of not less than $20 nor more than 
$50 for the first offence; for a second offence a fine of 
not less than $50 nor more than $200 or imprison- 
ment not more than 30 days or both; for a third of- 
fence a fine of not less than $250 or imprisonment not 
more than 60 days or both. (533; Penal Laws, 
Sec. 1275) 

The factory law is enforced by factory inspectors; 
mercantile law by local boards of health. {Labor 
Law, Sec. 62, 172) 

Attendance is enforced as follows: 

1. A parent whose child does not attend upon in- 
struction as required may be arrested and fined or 
imprisoned. The Attorney General has ruled that 
more than two unexcused absences in four consec- 
utive weeks constitute a violation of the law. (531) 

The term "parent" includes the guardian and every per- 
son who is liable to maintain or has actual custody of the 
child. 

The teacher must report the names of children of com- 
pulsory school age who are not complying with the law to the 



District] Enforcement 191 

attendance officer, who shall notify the parent personally or 
by written notice, reqi:iring him to cause the child to attend 
school. 

If the parent fails to do so, the officer must make written 
complaint before any justice of the peace in the county, or in 
a city or village, a police justice or magistrate, and such jus- 
tice shall issue a warrant on said coinplaint and proceed to 
hear and determine the same in the same manner as pro- 
vided by statute for other criminal cases under his jurisdis- 
tion. School authorities are atithorized to employ legal 
counsel to prosecute any case arising under the provisions 
of the act, when they shall deem the same necessary, and the 
cost thereof shall be a legal charge against the city or district 
in which the case arose. 

A parent should promptly furnish written excuses for 
each absence or tardiness of a child. Failure to do so will 
prove disadvantageous in case of prosecution, as the burden 
of proof rests on the parent. 

For the first offence a parent may be fined $5 or impris- 
oned 5 days; for each subsequent offence fined not to exceed 
$50 or imprisoned 30 days or both. Such fines are to be paid 
to the county treasurer. 

2. A child of compulsory school age if an habitual 
truant or disorderly and insubordinate while in at- 
tendance at school may he arrested by the attendance 
officer, and committed by the proper authority to a 
truant school. (536) 

A child should not be arrested unless an habitual truant 
or disorderly and insubordinate while in attendance at 
school. Frequently parents are only too glad to have their 
children committed as truants and cared for at town or 
county expense until they are permitted by law to go to work. 
The most direct and effective method of reaching parents and 
forcing upon them the duty of keeping their children in school 
is by penalizing the parent as provided in the statute. Where 
parents are prosecuted the most, truancy exists the least. 



192 Trustees: Compulsory Law [Part I 

3. School authorities are primarily responsible 
for the enforcement of the attendance law. 

Failure on the part of school authorities to secure the 
regular attendance of all children of compulsory school age 
or to prosecute parents who violate the law when the attend- 
ance officer refuses or fails to do so. or of local courts to con- 
vict delinquent parents, or of poor authorities to furnish 
necessaries to indigent children, will result in the withholding 
of one half the public school moneys and subsequent forfeit- 
ure to the state if the law is not enforced within a period of 
one year thereafter. School authorities may be held per- 
.sonally liable for the moneys so forfeited. 

4. School authorities in cities, union free school dis- 
tricts or common school districts whose limits include 
in whole or in part an incorporated village shall ap- 
point attendance officers to enforce the law; in com- 
mon school districts town boards shall, subject to the 
approval of the school commissioner, appoint such 
officers. (535) 

Attendance officers should be carefully selected, paid a 
salary commensurate with the work to be done, appointed 
annually and in no case continue in office after expiration of 
the term of board electing the officer. 

Their duties are defined by statute, the education de- 
partment and the authorities appointing them. When ap- 
pointed by the school authorities their compensation is a 
charge against the city or district; when appointed by the 
town board it is a town charge. 

Such officers should visit parents whose children fail to 
attend school as the law directs, and, when necessary, take 
legal action against delinquent parents; visit factories, mer- 
cantile or other establishments within their territory, and 
examine employment certificates and registry of children 
employed. Their jurisdiction covers the territory for which 
appointed; i. e. if a school district lies in one or more town- 
ships the jurisdiction of the officer is confined to that part 



District] Records Required 193 

of the district situated within the boundary lines of his town- 
ship. 

For neglect of duty the officer may be removed by school 
authorities in cities, union free school districts and common 
school districts whose limits include in whole or in part an 
incorporated village; town attendance officers may be re- 
moved by the school commissioner. 

Persons interfering with attendance officers or owners of 
factories and mercantile establishments refusing to exhibit 
registry or certificate of children employed are guilty of a 
misdemeanor. 

5. A permanent census bureau shall be established 
in cities of the first class. Such bureau may be es- 
tablished in all other cities, and if not, a census must- 
be taken in October 1909 and every 4th year there- 
after; in all other school districts a census shall be 
taken on the 30th day of August annually. (1000-4) 

The census shall include the names of all persons be- 
tween 4 and 18, day of the month and year of birth, resi- 
dences by street and number, names of parents or custodians. 
A copy should be delivered to the attendance officer and 
teacher who should compare the census with the enrolment 
to ascertain if all children required by law to attend are in 
school. The cost of taking the census is a charge against 
the city or school district. 

Parents who refuse to give the above information or who 
give false information may be fined $20 or imprisoned 30 
days. 

6. Teachers in public and private schools shall 
keep a record of the attendance of all children of com- 
pulsory school age. (534) 

Such record shall show the attendance by the year, 
month, day of the month and day of the week and the num- 
ber of hours attended; also the excuse for absence or tardi- 
ness. Teachers must allow school authorities, inspectors 



194 Trustees: Compulsory Law [Part I 

or other authorized persons to inspect registers and answer 
inquiries and may be required to furnish a duplicate copy of 
register to the education department. 

Teachers refusing to exhibit register or answer lawful 
inquiries of school authorities or inspectors are guilty of a 
misdemeanor. Their license may also be revoked. 

7. A child of compulsory school age may be com- 
mitted to a truant school or institution if: 

(a) An habitual truant absent from instruction 
without the consent or knowledge of his parents 
or beyond their control; or, 
(6) So disorderly and insubordinate while in at- 
tendance at school as to warrant expulsion. (537) 

8. School authorities may establish schools or set 
apart rooms in public school buildings for habitual 
truants or disorderly children or they may commit 
them to any private school, orphans home or similar 
institution controlled by persons of the same religious 
faith as the parents. (537) 

No person convicted of crimes or misdemeanors other 
than truancy may be committed to a truant school. 

Industrial training shall be furnished in every truant 
school. School authorities should enter into a contract 
with an institution before committing a truant thereto; the 
cost of maintenance in a city, village or district employing 
a superintendent of schools shall be a charge against such 
city or district ; in all other cases it is a county charge ; a dis- 
trict may advance the necessary moneys, which will be re- 
funded by the board of supervisors. 

9. Habitual truants and disorderly and insubor- 
dinate pupils may be arrested by the attendance officer 
and with the written consent of the parent com- 
mitted by the school authorities to a truant school or 
institution. If the parent refuses to give such con- 



District] Attendance Officers 195 

sent or proves the child is beyond his control such 
child may be committed by the proper magistrate as 
a disorderly person. (536-37) 

Attendance oflficers must promptly report dispositions 
of truants to the school authorities. The tenn of commit- 
ment shall not exceed 2 years nor extend beyond the 16th 
birthday. Truants may be paroled by the superintendent 
of schools in cities and villages; elsewhere by the authority 
committing them. Children suspended for a period to exceed 
1 week must be committed to a truant school. 

For refusal to give consent to commitment parents shall 
be liable to the same punishment as for failure to send the 
child to school. 

10. A parent or custodian of a child under 16 years 
of age must not abandon or unlawfully omit to provide 
for such child, nor shall such parent or any person 
permit a child to engage in an occupation whereby 
its life is endangered or health injured or its morals 
impaired. (Penal Law, Sec. 480-86) 

Abandonment of a child constitutes a felony ; the en- 
dangering the life, health or morals of a child or failing to 
provide for a child, a misdemeanor. 

A child under 16 years of age may be committed 
by the proper court or magistrate to any incorporated 
charitable reformatory or other institution; or placed 
under the custody of a probation or parole officer, 

a If found begging or soliciting alms whether under 
pretence of a sale or not; or in gathering or picking rags, or 
collecting cigar stumps, bones or refuse from markets, 

b If found wandering or abandoned without a home or 
guardianship or means of subsistence, 

c If found destitute or an orphan or with a surviving 
parent in jail or an habitual criminal, 

d If found frequenting the company of thieves or pros- 
titutes, or in a house of prostitution; or in a concert saloon. 



196 Trustees: Compulsory Law [Part I 

dance hall, theater, museum or place of entertainment or 
place where liquors are sold without being in charge of his 
parent or guardian, or playing any game of chance or skill 
in any place where liquors are sold. 

e If engaged in any practice or exhibition or place 
dangerous to the life, limb, health or morals of the child. 
/ If disorderly or ungovernable. (Penal Law, Sec. 486) 
A child under the custody of a probation officer may 
within a period of 1 year be committed to an institution. 
The provision authorizing the placing of destitute or neg- 
lected children in the custody of a parole or probation of- 
ficer does not apply to cities of the 1st class having children's 
courts nor take away nor limit their juirsdiction. 

11. A child under 7 is not capable of committing a 
crime. {Penal Law, Sec. 816) 

12. No child under the age of 16 years shall be 

a. Employed or permitted to work in operating or a.ssist- 
ing in operating any dangerous machines. (Labor Law, Sec. 
93) 

b. Employed or permitted to work at adjusting or as- 
sisting in adjusting any belt to any machinery; and no fe- 
male under the age of sixteen shall be employed or permitted 
to work in any capacity where such employment compels her 
to remain standing constantly. {Idem.) 

c. Employed or permitted to have the care, custody or 
management of or to operate an elevator either for freight 
or pas.sengers. {Idem) 

d. Employed, exhibited or trained as a rope or wire 
walker, gymnast, wrestler, contortionist, rider or acrobat; 
or upon any bicycle or similar mechanical vehicle or con- 
trivance; or 

In begging or receiving or soliciting alms in any manner 
or under any pretence, or in ariy mendicant occupation; or 
in gathering or picking rags, or collecting cigar stumps, bones 
or refuse from markets ; or in peddling ; or 

In singing; or dancing; or playing upon a musical in- 



District] Forbidden Employments 197 

strument ; or in a theatrical exhibtion ; or in any wandering 
occupation ; or, 

e. Employed in any mine or quarry in this State. {La- 
bor Law, Sec. 131) 

13. No male person under 18 years or woman under 
21 years 

Shall be permitted to clean machinery while in motion 

14. No girl or minor under 18 

May sell or serve liquor. {Liquor Tax Law, Sec. 30) 

15. No woman or child 

Shall work in the basement of a mercantile establishment 
unless authorized by the department of health or in a first 
class city by commissioner of labor. {Idem. Sec. 171) 

16. No person shall 

1. Admit to or allow to remain in any dance house, con- 
cert saloon, theater, museuin, skating rink, kinetoscope or 
moving picture performance, or in any place where wines or 
spirituous or malt liquors are sold or given away or in any 
place of entertainment injurious to health or morals, unless 
accompanied by its parent or guardian; 

2. Suffer or permit to play any game of skill or chance 
in any such place, or in any place adjacent thereto, or to be 
or remain therein or admit td or allow to remain in any 
reputed house of prostitution or assignation or any place 
where opium or any preparation thereof is smoked ; or 

3. Sell or give away, or cause or permit, or procure to be 
sold or given away any beer, ale, wine or any strong or spir- 
ituous liquor; or, 

4. Being a pawnbroker or person in the employ of a 
pawnbroker, make any loan or advance or permit to be loaned 
or advanced any money, or in any manner directly or in- 
directly receive any goods, chattels, wares or merchandise 
from any such child in pledge for loans made or to be made 
to it or to any other person or otherwise howsoever; or, 

5. Sell, pay for or furnish any cigars, cigarettes or to- 
bacco in any of its forms; or, 

6. Being the owner, keeper or proprietor of a junk shop. 



198 Trustees: Compulsory Law [Part I 

junk cart or other vehicle or boat or other vessel used for the 
collection of junk, or any collector of junk, receive or pur- 
chase any goods, chattels, wares or merchandise from 

Any child actually or apparently under the age of 
16 years. (Penal Law, Sec. 484.) 

It is not a defence to a prosecution that such a child 
acted as the agent of another. 

17. No messenger boy, except to deliver messages 
at the door, may enter any disorderly house, unli- 
censed saloon, inn, tavern or unlicensed place where 
liquors are sold. (Penal Law, Sec. 488) 

No child under 16 shall smoke cigars, cigarettes or 
tobacco in any form whatsoever in any public street, 
place or resort. (Penal Law, Sec. 485) 

Children violating the law prohibiting the use of tobacco 
in any form in a public street, etc. are guilty of a misde- 
meanor and may be fined not to exceed $10 and not less than 
$2. (Penal Law, Sec. 483, 4S6, 1275) 

No person shall sell or give any cigar, cigarette or to- 
bacco in any of its forms to any minor undergoing confine- 
ment in any reformatory, penitentiary or house of refuge in 
this state. (Penal Law, Sec. 489.) 

.No person shall sell or give away liquor to a minor under 
18. (Liquor Tax Law, Sec. 29) 

18. No child under 16 may be employed 

(a) In a factory before 8 a. m. or after 5 p. m. or more 
than 8 hours a day or 6 days in a week and with at least 60 
minutes for noonday meal, unless the commissioner of labor 
permits a shorter time. (Labor Law, Sec. 77-89) 

(6) In a mercantile establishment, business or telegraph 
ofiSce, restaurant, hotel, apartment house or in the distri- 
bution or transmission of merchandise or messages before 8 
a. m. or after 10 p. m. or in a city of the first class after 7 
p. m ; or more than 54 hours a week or 9 hours a day with not 
less than 45 minutes for noonday meal. (Labor Law, Sec. 161) 
Employers must post printed notices tO this effect in a conspicuous 
place in the workrooms. 



CHAPTER XVII 
Trustees: Course of Study 

And (b) to prescribe the course of studies to be pur- 
sued in such schools. (195) 

That the trustees have power (a) to establish the 
course of study: that is to select the branches to be 
taught in school; and (6) to grade or classify the 
pupils, is undisputed. Whether they have (c) the 
power to compel every child in school to follow the 
course of study has been a subject of violent contro- 
versy. 

The course of study is to be prescribed by the trus- 
tees. (195) 

(12 Allen 127, 8 Gush 160, 44 Hun 340, 87 lU 303, 175 III 9, 106 Ind 478, 
31 la 562. 28 Me 379. 31 Neb 552, 59 N H 473, 48 N W 393, 32 Vt 224, 48 
Vt 444) 

In Me. Judge Appleton said that if the legislative code 
within constitutional limitations should prescribe a course 
of study however unwise, or books however immoral, he was 
not aware of any power on the part of the court to interfere. 
(38 Me 376) 

In Nev. the state board prescribes the course of study. In 
N. D. this power is subject to the approval of the county 
superintendent. In S. D. teachers must follow the course 
of study recommended by a majority of the county super- 
intendents of the state, and the superintendents of public 
instruction. 

Algebra may be included (45 la 248, 50 la 152) 
and rhetoric (29 Ohio 89) and composition (D 1687 
1874 37 Am R 123, 97 111 375, 129 Ind 14, 77 Mo 484, 32 
Vt 224) and declamation (59 N. H 473, 35 Wis 59) and 
German. 

(199) 



200 Trustees: Course of Study [Part I 

High schools may be established by taxation. (11 Cush 
178, 16 Mass 141, 103 Mass 94, 30 Mich 69) 

Evening high schools are legal. (93 Pac 117) 

The compulsory law names these 6 essential 
common school branches: reading, spelling, writings 
arithmetic, English language, geography. (530) 

N. C. forbids the teaching in public schools of other 
subjects than (1) spelling, (2) defining, (3) reading, 
(4) writing, (5) arithmetic, (6) English grammar, (7) 
elementary physiology and hygiene, (8) state and 
American history; but provides that the school com- 
mittee may make special arrangements to allow other 
subjects to be taught. 

In Mass. vivisection is forbidden, and dissection of dead 
animals restricted to the class-room and the presence of the 
pupils engaged in the study illustrated. New York has a 
similar law, and the Anti-Vivisection Society of Boston 
offers $100 reward for the conviction of any public-school 
teacher who has at any time practiced vivisection in a New 
York school. 

N. D. requires that all reports, records, and proceedings 
shall be kept in the English language, and that no public 
money shall be expended in supporting a school in which 
the English language is not taught exclusively. 

Ore. requires stated exercises in composition and decla- 
mation. 

Ariz, requires in all primary schools vocal and breathing 
exercises of 3 to 5 minutes each at least twice a day. 

Cal. and Pa. requires that attention must be given to 
physical exercises, and to the ventilation and temperature 
of school-rooms. 

Ore. requires the teacher to attend to the temperature 
of the school-room, and to see that the doors and windows 
are open at each intermission, to see that pupils take exercise, 
and to encourage healthful play at recess, prohibiting all 
dangerous and immoral games. 



District] The Scientific Temperance Law 201 

Wash, requires attention during the entire course to the 
cultivation of manners, the laws of health, physical exercise, 
ventilation and temperature, and not less than 10 minutes 
each week to systamatic teaching of kindness to animals. Me. 
and Texas make this last requirement. 

Tenn. requires State constitution to be taught in all primary 
and secondary schools. 

Conn, requires State board to furnish cards for testing 
pupils' eyesight. 

la. requires vocal music in all public schools. Ohio 
permits employment of teachers of vocal music. 

Ariz, and Cal. make it the duty of all teachers to impress 
upon the minds of the pupils the principles of morality, 
truth, justice, and patriotism; to teach them to avoid idleness, 
profanity and falsehood; to instruct them in the principles 
of a free government ; and to train them up to a true compre- 
hension of the rights, duties and dignity of American citi- 
zenship. 

In Ariz, a principal may enrol pupils of eleven yeais old 
or more as members of the "American Guard", under such 
conditions as he may prescribe. New York forbids it. 

Provision must be made for instructing pupils in 
all schools supported by public money or under state 
control in physiology and hygiene, with special ref- 
erence to the effect of alcoholic drinks, stintulants and 
narcotics upon the human system. (195, 229) 

In New York, as in nearly all States, one require- 
ment is that physiology, so far as it pertains to the 
hygienic effects of stimulants and narcotics, shall be 
taught in every school receiving public money. (195, 
111 Mass. 499) 

The nature of alcoholic drinks and other narcotics 
and their effects on the human system must be taught 
in connection with the various divisions of physiology 
and hygiene, as thoroughly as are other branches in all 



202 Trustees: Course of Study [Part 1 

schools under state control, or supported wholly or in 
part by public money of the state, and also in all 
schools connected with reformatory institutions. 
(760) 

All pupils in the 2d year of the high school and 
above the 3d year of school work computing from the 
beginning of the lowest primary, not kindergarten, 
year, or in corresponding classes of ungraded schools, 
must be tatight and must study this subject every 
year with suitable text-books in the hands of all pu- 
pils, for not less than 3 lessons a week for 10 or more 
weeks, or the equivalent of the same in each year, 
and must pass satisfactory tests in this as in other 
studies before promotion to the next succeeding year's 
work. (760) 

Where there are 9 or more school years below the high 
school, the study may be omitted in all years above the 8th 
year and below the high school, by such pupils as have 
passed the required tests of the 8th year. (760) 

In all schools above-mentioned, all pupils in the 
lowest 3 primary, not kindergarten, school years or in 
corresponding classes in ungraded schools must each 
year be instructed in this subject orally for not less 
tban 2 lessons a week for 10 weeks, or the equivalent of 
the same in each year, by teachers using text-books 
adapted for such oral instruction as a guide and 
standard. (760) 

Such pupils must pass such tests in this as may be required 
in other studies before promotion to the next succeeding 
year's work. Nothing in this article shall be construed as 
prohibiting or requiring the teaching of this subject in kinder- 
garten schools. (760) 

The local school authorities must provied needed facilities 



District] The Scientific Temperance Law 203 

and definite time and place for this branch in the regular 
cotirses of study. (760) 

The text-books in the pupils' hands must be graded to 
the capacities of 4th year, intermediate, grammar and high 
school pupils, or to corrsponding classes in ungraded schools. 
For students below high school grade, such text-books shall 
give at least ^ their space, and for students of high school 
gfrade, not less than 20 pages to the nature and effects of 
alcoholic drinks and other narcotics. This subject must be 
treated in the text-books in connection with the various 
divisions of physiology and hygiene, and pages on this 
subject in a separate chapter at the end of the books will not 
be counted in determining the minimum. No text-book or 
physiology not conforming to this article may be used in the 
public schools. (760) 

All regents examinations in physiology and hygiene must 
include a due proportion of questions on the nature of alco- 
holic drinks and other narcotics, and their effects on the 
human system. (760) 

In all normal schools, teachers' training classes and teachers* 
institutes, adequate time and attention shall be given to 
instruction in the best methods of teaching this branch, and 
no teacher may be licensed who has not passed a satisfactory 
examination in the subject, and the best methods of teach- 
ing it. On satisfactory evidence that any teacher has 
wilfully refused to teach this subject, as provided in this 
article, the commissioner of education must revoke the 
license of such teacher. (761) 

No public money of the state may be apportioned by the 
commissioner of education or paid for the benefit of any 
city until the superintendent of schools therein shall have 
filed with the treasurer or chamberlain of such city an affida- 
vit, and with the commissioner of education a duplicate of 
such affidavit, that he has made thorough investigation as 
to the facts, and that to the best of his knowledge, infor- 
mation and belief, all the provisions of this article have been 
complied with in all the schools under his supervision in 
such city during the last preceding legal year; nor shall any 



204 Trustees: Course of Study [Part I 

public money of the state be apportioned by the commis- 
sioner of education or by school commissioners, or paid for 
the benefit of any school district, until the president of the 
board of trustees, or in the case of common school districts 
the trustee or some one member of the board of trustees, 
has filed with the school commissioner having jurisdiction 
an affidavit that hs has made thorough investigation as to 
the facts and that to the best of his knowledge, information 
and belief, all the provisions of this article have been com- 
plied with in such district, which affidavit shall be included 
in the trustees' annual report. (761) 

It is the duty of every school commissioner to file with the 
commissioner of education an affidavit in connection with 
his annual report, showing all districts in his jurisdiction 
that have and those that have not complied with all the 
provisions of this article, according to the best of his knowl- 
edge, information and belief, based upon a thorough inves- 
tigation by him as to the facts; nor may any public money 
of the state be apportioned or paid for the benefit of any 
teachers' training class, teachers' institute or other school 
mentioned herein until the officer having jurisdiction or 
supervision thereof has filed with the commissioner of educa- 
tion an affidavit that he has made thorough investigation 
as to the facts and that to the best of his knowledge, iilfor- 
mation and belief, all the provisions of this article relative 
thereto have been complied with. (761) 

The principal of each normal school in the state must at 
the close of each school year file with the commissioner of 
education an affidavit that all the provisions of this article 
applicable thereto have been complied with during the 
school year just terminated and until such affidavit shall be 
filed no warrant shall be issued by the commissioner of educa- 
tion for the payment by the treasurer of any part of the 
money appropriated for such school. (761) * 

It is the duty of the commissioner of education to provide 
blank forms of affidavit required herein for the use by the 
local school officers, and he must include in his annual report 
a statement showing every school, city or district which has 



District] Kindergartens 205 

failed to comply with all the provisions of this article during 
the preceding school year. (761) 

On complaint by appeal to the commissioner of education 
by any patron of the schools mentioned in the last preceding 
section, or by any citizen, that any provision of this article 
has not been complied with in any city or district, the com- 
missioner of education must make i:nmediate investigation, 
and on satisfactory evidence of the truth of such complaint, 
must thereupon and thereafter withhold all public money 
of the state to which such city or district would otherwise 
be entitled, until all the provisions of this article shall be 
complied with in said city or district, and shall exercise his 
power of reclamation and deduction. (761, 462) 

Trustees may establish and maintain one or more 
free kindergarten schools. The moneys for the support 
of such schools are to be raised in Hke manner as for the 
support of the other pubhc schools of such district. 
No child under the age of 4 years shall be admitted to 
the schools, and the local school authorities are here- 
by empowered to fix the highest age limit of children 
who may attend. (840) 

(107 Cal 187. 18 Colo 234. 83 Pac 250) 

All teachers employed in these schools must be licensed 
in accordance with rules and regulations established by the 
commissioner of education, and share in the distribution 
of district quotas. The attendance of children under the 
age of 5 years who may be enrolled in the schools must be 
reported separately and will be counted in the distribution 
of public money. (840) 

It is the duty of the authorities of every public 
school in this state to assemble the scholars in their 
charge on Arbor day, the Friday following May 1, in 
the school building, or elsewhere, as they may deem 
proper, and to provide for and conduct, under the 
general supervision of the city superintendent or the 



206 Trustees: Course of Study [Part I 

school commissioner, or other chief officers having the 
general oversight of the public schools in each city or 
district, such exercises as shall tend to encourage the 
planting, protection and preservation of trees and 
shrubs, and an acquaintance with the best methods to 
be adopted to accomplish such results. (740-1) 

The commissioner of education has power to prescribe 
from time to time a course of exercises and instruction in 
the subjects hereinbefore mentioned, which are to be adopted 
and observed by the pubhc school authorities on Arbor day, 
and upon receipt of copies of such course sufficient in number 
to supply all the schools under their supervision, the school 
commissioner or city superintendent aforesaid must promptly 
provide each of the schools under his or their charge with 
a copy, and cause it to be observed. (742) 

The legislature must annually make an appropriation for 
carrying out the provisions of this article, upon the recom- 
mendation of the commissioner of education. (743) 

Text-books are usually adopted by the trustees and 
these, and these only, are to be used by the pupils. 

(12 Allen 127, 95 111 263, 38 Me 376, 59 N H 473. 29 Ohio 89, 32 Vt 224. 
But see 79 111 567 87 111 303, 50 la 1 52, 35 Wis 59) 

In New York district schools, the district adopts the 
text-books. (580) 

In Ga. the teacher may not receive pay if he permits the 
pupil to use other than the prescribed text-books. 

In most states pupils may be refused admission whose 
parents fail to provide them with the proper text-books 
for their classes. (2 111 A 584, 108 Ind 31) 

Ariz, and Ore. forbid the child to be excluded till his 
parents have had one weeks' notice. 

Most states make provision for supplying text-books to 
children whose parents are unable to purchase them. (45 
N W 289) 

In 1881, Sup't Gilmour of New York decided that a pupil 
could not be suspended for failing to procure a certain kind of 



District] Grading Pupils 207 

lead-pencil for drawing (5. B. viii. 135). In 1879, the Ohio 
court of common pleas in the case of Wm. A. Tucker vs. 
Pomcroy board of education, held that a pupil could not be 
suspended for refusing to purchase a drawing-tablet, as the 
parent had the right to select which studies his child should 
take and to direct her to omit drawing. — 5. B. vi. 97. See 
pages 208-13. 

Grading of pupils that is, directing how advanced 
classes pupils shall enter, is in the hands of the teacher, 
subject to such rules and courses of study as may have 
been established by the trustees. 

In schools where there is a principal or a superintendent, 
this responsibility is confined to him. 

There is no appeal from the action of the teacher. In 
N. D. the appeal is to the county superintendent. 

The Oregon law says teachers have the right, and it is 
their duty, within reasonable limits, to direct and control 
the studies of their pupils; to arrange them in proper classes, 
and to decide, subject to these rules, what and how many 
studies each shall pursue. 

Arizona says all pupils who have fallen behind their grade 
by absence or irregularity of attendance, by indolence or 
inattention, shall be placed in the grade below at the discre- 
tion of the teacher. 

The regulation of the grade of schools, the transfer 
of a school from one grade to another, and the grading 
or classification of teachers are within the power of 
the board. (40 Al. La 806) 

In 1901, the Philadelphia board was sustained in ruling 
that only graduates of the school of pedagogy were eligible 
for 7th and 8^h grades of boys grammar schools. 

Susan Matilda Scott was elected in 1896 by the sectional 
board of the 8th district of Philadelphia principal of the 
Locust street mixed grammar school. The board of educa- 
tion refused to confirm, since by their by-laws no woman 



208 Trustees: Course of Study [Part I 

cotild be principal of a mixed grammar school. She got no 
pay for two years service. — A''. Y. School Journal, Oct. 8, 1898. 
Compelling pupils to follow the course of study was 
formerly considered an unquestionable prerogative 
of the teacher. 

(48 Gal 36, 5 Gush 198. 8 Gush 160, 50 la 152, 27 Me 281, 38 Me 376, 38 Mo 
679. 59 N H 473, 23 Pick 224. 32 Vt 224) 

One Iowa decision held that if it is necessary for the good 
of the school that the pupil should study certain subjects 
that the parent objects to his pursuing, the teacher may not 
only enforce the study by beating the pupil, but may expel or 
suspend. (1 la 359, 50 la 152) 

Thus composition might be required of all and a girl might 
be expelled for refusing to declaim, even though her father 
had conscientious scruples against females' speaking in public. 
(D. 1874). 

(59 N H 473, 32 Vt 224, 35 Wis ,59) 

In November, 1871, Superintendent Clark, of Defiance, 
Ohio, suspended the son of J. J. Sewell, for persistent failure 
to have at the proper time his rhetorical exercises. The 
father brought suit for $1,000 damages. On appeal to the 
Supreme Court, under sec. 54 of the act of May 1, 1873, the 
decision of the lower court was affirmed that there was no 
cause of action, and the defendant was allowed the costs 
of prosecution. (29 Ohio 89, 110 S W 346) For similar 
case in Stillwater, Minn., see S. B. vi. 97. 

In a N. H. case the court held: "However judicious it may 
be to consult the wishes of parents, the disintegrating princi- 
ple of paternal authority to prevent all classification and 
destroy all system in any school, public or private, is unknown 
to the law." (59 N H 473) 

A Wisconsin decision called attention to the fact 
that the modern tendency of opinion is toward holding 
that the school is for the child, not the child for the 
school. ^ 

On Dec. 18, 1872, Annie Morrow began teaching a district 
school in Grant county. James Wood sent his son, a boy 



District] Compelling Pupils to Follow it 209 

about 12 years of age, to the school. The defendant wished 
his boy to study orthography, reading, writing, and also 
wished him to give particular attention to the subject of 
arithmetic, for very satisfactory reasons which he gave on 
trial. In addition to these studies the plaintiff at once 
required the child to also study geography, and took pains 
to aid him in getting a book for the purpose. The father 
on being informed of this, told the boy not to study geog- 
raphy, but to attend to his other studies, and the teacher 
was properly and fully advised of this wish of the parent, 
and also knew that the boy had been forbidden by his parent 
from taking that study at that time. But claiming and in- 
sisting that she had the right to direct and control the boy 
in respect to his studies, even as against his father's wishes, 
she commanded him to take his geography and get his 
lesson. And when the boy refused to obey her and did as 
he was directed by his father, she resorted to force to compel 
obedience. All this occurred in the first week of school. 
* * * * Under the circumstances, the plaintiff had no right 
to punish the boy for obedience to the commands of his father 
in respect to the study of geography. She entirely exceeded 
any authority which the law gave her, and the assault upon 
the child was unjustifiable. (35 Wis 59) 

Interesting contemporary expressions of opinion by leading 
educators were printed in The School Bulletin, i. 88, and 
were quoted in former editions of this volume. 

In 111. a boy had omitted, on account oi ill-health, the 
study of English grammar. On application he was admitted 
to a high school. The teachers of the school discovered 
that he was deficient in this study, and they required him 
to pass an examination for it. Not complying he was expelled. 
A mandamus was issued to compel the trustees to admit 
him again. The trustees took an appeal, and the Supreme 
Court affirmed saying " No particular branch of study is 
compulsory upon those who attend school. (87 111 303) 

A girl was expelled from a public school because, under the 
direction of her parents, she refused to study book-keeping. 
She instituted an action of trespass against the directosr 



210 Trustees: Course of Study [Part I 

and principal of the school, and on trial in the court below 
the jury found a verdict in her favor, and assessed the dam- 
ages at $136. On appeal it was affirmed by the court: "A 
statute which enumerates the branches that teachers shall 
be qualified to teach, gives all the children in the State the 
right to be instructed in those branches. But neither teachers 
nor directors have power to compel pupils to study other 
branches, nor to expel a pupil for refusing to study them." 
(87 111 303) 

(79 Ind 567. 9 N W 356, 48 N W 393, 32 Vt 224) 

Carl Hal let, a pupil in the union free school at Riverhead, 
refused to declaim, following in the matter his father's 
directions. He was expelled from school, and action was 
brought against the principal and board of education before 
the Supreme Court, April 26, 1877. In his charge to the 
jury, C. E. Pratt, justice, spoke as follows: 

In my private opinion this requirement upon the part of 
these trustees and of this teacher was a perfectly reasonable 
one, and one which they should have been permitted to 
enforce. I may say further, and I think you will all agree 
with me, that it is utterly useless to attempt to conduct a 
public school unless there is secured by certain rules and 
regulations a thorough discipline; and more particularly is 
it necessary that it should be imderstood by those who 
partake of the benefits of the system, that the rules, whatever 
they may be, are to be impartially enforced. 

In thus stating my private opinion, however, I would 
impress upon your minds the fact that it is immaterial what 
may be your or my personal feeling upon any matter of this 
kind. We are bound to accept the law as we find it. If the 
law is wrong it is not for you to rectify it. There is no safety 
in the administration of justice unless the laws are strictly 
carried out. In this case I am confident there are members 
upon this jury who, controlled as they are by their feelings 
of regard for the common school system, and knowing as 
they do the necessity of upholding the hands of those who 
have the schools in charge, would hesitate for a long time 
before rendering any verdict against the defendants, however 



District] Compelling Pupils to Follow it 211 

clear the law might be, if any excuse could be found which 
would satisfy their consciences in thus withholding it. Hence, 
in order that this question may be determined, I propose to 
relieve you from any responsibility in deciding the main 
issues in this case by saying to you that you must find a 
verdict for the plaintiff; and the only question which I pro- 
pose to submit to you is that of damages. And while stating 
to you, as I have done, my private opinion and feeling upon 
this subject, I must at the same time say, that from reading 
the decisions of courts in other states upon laws the provis- 
ions of which are similar to those under which this school 
in question was established and is regulated, I feel constrained 
to say that there must, upon the facts of this case, be techni- 
cally a verdict for the plaintiff. 

In explanation it is perhaps proper that I should state 
that the rule of law is that this board of trustees may desig- 
nate a course of study, within the authority delegated to 
them by statute, and that they may also prescribe the text- 
books to be used in pursuing this course of study. And you 
see the necessity of this. It would be utterly impossible to 
conduct any school if every parent should undertake to 
dictate as to the character of the text-book to be used by the 
scholar. Take a school of two or three hundred scholars 
and as many different kinds of text-books, and you would 
have about as many classes as students ; and hence the school 
could not be classified at all, and the great object in view, that 
is, the public benefit which is to be obtained from grouping 
together of children and educating them at the public expense 
— would be utterly lost. The law has therefore provided 
that these trustees shall have a wide discretion in making 
rules, not only for the' government and discipline of the school 
while it is in session, but also that they may regulate the 
various classifications and gradations, and designate text- 
books that shall be used in the schools. 

But here comes the question whether, in addition to the 
course of study prescribed by statute, the trustees shall be 
permitted to say that a child shall pursue a study which the 
parent who is the guardian and has the control, nurture, 



212 Trustees: Course of Study [Part I 

and education of the child, desires that the child shall not 
pursue. / am constrained to hold the law to be that where 
there is an irreconcilable difference of opinion between the teacher, 
or the board of trustees, and the parent, in regard to a study 
which is not incltided among those that the trustees are empowered 
to prescribe, the will of the parent must control. I think that 
the law has not taken away the natural right of the parent 
to control the education of the child in that regard; and the 
parent is presumed to know the capacity, the temperament, 
and the qualifications of the child, and his ability to take 
any particular study or not. When the teacher or the 
trustees undertake to say that a child shall pursue a partic- 
ular study which is not included in the statutory list of 
studies I think they exceed their authority. And when that 
is made the basis of an attempt to deprive the child of its 
right to attend school, and enjoy the benefits which arise 
from the laying of a common burden upon the community, 
I hold that they are liable, technically liable, for the act. 
Of course the parent cannot dictate that the child shall take 
a study which is not included in the regular, prescribed list. 
This duty, this obligation, is reciprocal. The parent cannot 
say that the child shall study any branch not prescribed, nor can 
the school authorities insist that the child shall pursue a study 
not in the prescribed list, against the will of the parent. 
See also 5. B. vi. 97. 

It will be observed that this New York decision 
applies only to studies not prescribed in ihe slalute. 
But as it plainly follows the rulings of the western 
courts, we give a further quotation from the Wiscon- 
sin decision already referred to: 

In our opinion, there is a great and fatal error in this part 
of the charge, in asserting or assuming the law to be that upon 
an irreconcilable difference of views between the parents and 
teachers as to what studies the child shall pursue, the author- 
ity of the teacher is paramount and controlling. We do not 
understand that there is any recognized principle of law, nor 



District] Compelling Pupils to Follow it 213 

do we think there is any recognized rule of moral or social usage, 
which gives the teacher an absolute right to prescribe and dictate 
what studies the child shall pursue, regardless of the views or 
wishes of the parent. From what source does the teacher 
derive this authority? Ordinarily, it will be conceded, the 
law gives the parent the exclusive right to govern and control 
the conduct of his minor children; it is one of the earliest and 
most sacred duties taught the child to know and obey its 
parents. The situation is truly lamentable, if the condition 
of the law is that he is liable to be punished by the parent 
for disobeying his orders in regard to his studies, and the 
teacher may lawfully chastise him for not disobeying his 
parents in that particular. (35 Wis 59) 

It was held by the supreme court of Oklahoma in 
1909 that the parent has a right to make a reasonable 
selection even from the prescribed studies for ths child 
to pursue, and that this selection must be respected by 
the trustees, as the right of the parent in that regard 
is superior to that of the trustees and the teachers. 

(31 Neb 552, 57 Neb 188, 35 Nev 6. 48 N W 393, 52 N W 710, 77 N W 662) 

This is especially true of religious instruction, the 
controversies in regard to which have been so fre- 
quent that we give the subject a separate chapter. 



CHAPTER XVIII 

Trustees; Religious Instruction 

In New York the decisions of the State Department 
have uniformly denied the right to insist upon re- 
ligioiis exercises of any kind. 

In the year 1853, Margaret Gifford, a common-school 
teacher in South Easton, Washington county, ordered 
William Callaghan, a pupil aged twelve years, "to study and 
read the Protestant Testament" He declined to do so on 
the ground "that he was a Catholic, and did not believe in 
any but the Catholic Bible". The teacher consulted the 
trustees on the subject, and on the next day again required 
the boy to read out of the King James Bible. The boy 
declared "his unwillingness to disobey the orders of his 
parents and violate the precepts of his religion", whereupon 
the teacher "chastised him severely with her ferule and then 
expelled him ignominiously from the school." 

An appeal was taken to Henry S. Randall, then Superin- 
tendent of Common Schools, who quoted and endorsed the 
following opinion of his predecessor, John C. Spencer: 

' ' Prayers cannot form any part of the school exercises, or be 
regulated by the school discipline. If had at all, they should 
be had before the hour of 9 o'clock, the usual hour for com- 
mencing school in the morning, and after 5 in the afternoon. 
If any parents are desirous of habituating their children to 
the practice of thnking their Creator for his protection during 
the night, and invoking his blessing on the labors of the day, 
they have a right to place them under the charge of the 
teacher for that purpose. But neither they nor the teacher 
have any authority to compel the children of other parents 
who object to the practice from dislike of the individual or 
his creed, or from any other cause, to unite in such prayers. 
And, on the other hand, the latter have no right to obstruct 

(214) 



District] The New York Ruling 215 

the former in the discharge of what they deem a sacred duty. 
Both parents have rights; and it is only by mutual and recip- 
rocal regard by each to the rights of the other that peace 
can be maintained or the school can flourish. The teacher 
may assemble in his room before 9 o'clock the children of 
those parents who desire him to conduct their religious exer- 
cises for them ; and the children of those who object to the 
practice will be allowed to retire or absent themselves from 
the room. If they persist in remaining there, they must 
conduct with the decortim and propriety becoming the 
occasion. If they do not so conduct, they may be dealt with 
as intruders." — Orders and Decisions,vni. 102. 

Superintendent Randall, after stating that this is the 
first instance in which an appeal in regard to the reading of 
the Bible has been brought before the Department, then goes 
on to discuss the general question of the connection of intel- 
lectual and religious instruction, and concludes as follows : 

"I believe the Holy Scriptures, and especially that portion 
of them known as the New Testament, are proper to be read 
in the schools by pupils who have attained sufficient literary 
and mental culture to understand their import. I believe 
they may, as a matter of right, be read as a class-book by 
those whose parents desire it. But I am clearly of the opinion 
that the reading of no version of them can be forced on those 
whose consciences and religion object to such version. 

"Assuming the facts stated in the complaint to be true, I 
consider the conduct of the teacher, Margaret Gifford, to be 
not only unwarrantable but barbarous. That she should 
not only 'ignominiously expel' the pupil, but that she should 
gratuitously inflict a preliminary castigation on a child of 
tender years, who plead the 'commands of his parents and 
the precepts of his religion' against the obeyal of her orders, 
betrays feelings as unusual to her sex as repugnant to the 
mild precepts of that Gospel which, I trust, with honest 
though certainly with mistaken zeal, she attempted to 
uphold. Perhaps she deserves a lesser measure of reprehen- 
sion if she acted, as would appear, though it is not expressly 
stated, under directions of the trustees. But neither the 



216 Trustees : Religious Exercises [Part I 

trustees, the majority of the people in the district, the town 
superintendent, nor all of these united, would have power to 
authorize such an outrage." — N. Y. Teacher, ii. 279-282. 

In accordance with this decision, it has been uni- 
formly ruled that pupils cannot he compelled to attend 
religious services (D 1753, 1763), and that the law 
gives no authority, as a matter of right, to use any 
portion of the regular school hours in conducting any 
religious exercises at which the attendance of pupils is 
made compulsory (D 185, 13 Barb 400). As to re- 
ligious garb, see page 79. 

Religious opening exercises prevail in a large pro- 
portion of New York schools, Catholic children being 
permitted to remain outside till the exercises are con- 
cluded if their parents choose to have them, which is 
seldom the case. 

This last permission is usual where Bible reading is permit- 
ted (12 Allen 127, 64 la 367), but it has been held in 111. that 
a boy could be expelled for studying his lessons while the 
Bible was being read (95 111 263), in Mo. that the trustees 
could compel the reading of the Bible (38 Mo 679), and in 
Me. that a child could be expelled for refusing to read it 
(38 Me 376). 

In 1900 the city of Utica rescinded the rule permitting 
reading the Bible and appropriate singing. 

In other states usage depends upon the interpre- 
tation of the courts of what may be considered sec- 
tarian instruction. 

"Sectarian instruction is instruction in religious doctrines 
which are believed bv some religious sects and rejected by 
others." "Reading the bible is sectarian instruction, and 
the fact that the children are not obliged to remain in the 
schoolroom during such reading does not remove the cause 
for complaint." (76 Wis 177) 



District] What is Sectarian 217 

New York gives this definition. "Any school of 
which the charter, by-laws or rules provide that the 
students, teachers, trustees, or the voters who elect 
the trustees, shall belong to any particular religious 
body, or any school in which any distinctly denom- 
inational tenet or doctrine is taught, shall be deemed 
and treated as sectarian. The name of the school, 
the sources from which its funds are derived, or the 
denominational connection of its trustees, teachers 
or students, shall not be construed as determining its 
character if under its charter, by-laws and rules the 
official positions named are not in any way limited to 
any denomination. Any school of which the prin- 
cipal and the president of the trustees shall certify 
that under the terms of this rule it is unsectarian shall 
be considered till after special inspection and report the 
regents shall declare it to be sectarian." 

In 1869, the Cincinnati school board was restrained from 
permitting the reading of the Bible (2 Ohio St 386, 4 Ohio 
St 571) ; in 1875 the Chicago board was upheld in forbidding 
it (95 111 263). New Haven forbade it in 1878. 

(20 Am St 41, 59 L R A 927, 91 N W 846) 

Wash, prohibits Bible-reading; Ariz, revokes the certificate 
of any teacher who conducts religious exercises in school. 

In other states it is held that the Bible is not a sec- 
tarian book. 

(12 Alien 127, 7 Am L R 417, 179 Am St 599,95 111 262. 38 Me 379 2 Ohio 
56, 7 Pa St 58."^, 109 S W 115) 

It has been held that while the Bible itself is sectarian, 
a book of selections from it is not sectarian. (29 Am S 41) 

A teacher who to quiet the pupils and prepare them for 
their work repeats the Lord's prayer and the 23d Paslm as a 
morning exercise does not conduct a form of religious worship. 
105 Am St 148, 117 Am St 599, 66 L R A 166) 



218 Trustees: Religious Exercises [Part I 

Carl S. Bitner was imprisoned in the police court of Morris- 
ania, N. Y. city, for refusing to send his son Carl to No. 62 
The teacher had given for dictation this sentence from 
Longfellow: "Let us do our work well, both the seen and the 
unseen, rhake the house where God may dwell beautiful, 
entire and clean." Young Bitner left out the word "God", 
saying that his father had forbidden him either to utter or 
write the word. The teacher sent him home. Bitner said 
he was an atheist and did not wish any "nonsensical" ideas 
inculcated in his children. The case was dismissed on 
condition that Bitner should send the child to school. — New 
York School Journal, March 3, 1900. 

The school law of Ark. forbids granting a certificate to a 
teacher who does not believe in a Supreme Being, and that of 
R. L advises the rejection of any teacher who is in the habit 
of ridiculing, or scoffing at religion, while 111. says the author- 
ities may select a teacher belonging to any church or to no 
church as they think best. (121 111. 297) 

In N. D. and S. D. the Bible may not be deemed a 
sectarian book, or excluded from any public school. 
It may at the option of the teacher be read without 
sectarian comment, not to exceed 10 minutes daily. 

In 1904 Judge J. P. Herbeson of Ky. dismissed petition 
for injunction against the school trustees of Brookville 
against reading the Bible and offering prayer, holding that 
the Bible is at the foundation of christian government. 

The supreme court of Nebraska holds that the right of all 
persons to worship Almighty God according to the dictates 
of their own consciences is declared by the constitution of 
that state to be a natural and indefeasible right. There is 
nothing in the constitution and the laws of the state, nor in 
the history of its people, upon which to ground a claim that 
it is the duty of the government to teach religion. The 
whole duty of the state with respect to religion is "to protect 
every religious denomination in the peaceable enjoyment of 



District] Different Views in Different States 219 

its own mode of public worship". Enforced attendance upon 
religious services is forbidden by the constitution, and pupils 
in a public school cannot be required either to attend such 
services, or to join in them. A teacher in a public school 
being vested during school hours with a general authority 
over his pupils, his requests are practically commands. It is 
immaterial whether the objection of a parent to his children 
attending and participating in a religious service conducted 
by a teacher in the schoolroom during school hours is reason- 
able or unreasonable. The right to be unreasonable in such 
matters is guaranteed by the constitution. The law does not 
forbid the use of the Bible in the public schools; it is not 
proscribed either by the constitution or the statutes; and 
the courts have no right to declare its use to be unlawful 
because it is possible or probable that those who are privileged 
to use it will misuse the privilege by attempting to propagate 
their own peculiar theological or ecclesiastical views and 
opinions. The point where the courts may rightfully inter- 
fere to prevent the use of the Bible in the public school is 
where legitimate use has degenerated into abuse, — where a 
teacher employed to give secular instruction has violated 
the constitution by becoming a sectarian propagandist. 
Whether it is prudent or politic to permit Bible reading in 
the public school is a question for the school authorities, 
but whether the practice of Bible reading has taken the form 
of sectarian instruction is a question for the courts to deter- 
mine upon evidence. It will not be presumed in any case 
that the law has been violated. Every alleged violation 
must be established by competent proof. (93 N W 169) 

It was held in Ohio in 1900 that an injunction will not lie 
to restrain a teacher from reading the Bible in the school 
contrary to a resolution of the board of education, the rem- 
edy of the board being either to discharge the teacher or to 
rescind the rule. 

Religious services in the sdioolhouse may be per- 
mitted in New York by the trustees, where there is 
no opposition in the district, but must be forbidden 



220 Trustees : Religious Exercises [Part I 

when they would cause dissension (D 3577, 3651, 
3707, 4021, 461, 4164, 4419). See page 173. 

(42 111 441, 93 111 61, 9 Ind 458, 35 la 194, 50 la 11, 24 Vt 528) 

So in Ark. N J. Utah, W. Va. But in some states 
they are forbidden. 

(27 Conn 499, 15 Kan 259, 10 Mo 560 67 Mo 301, 16 Wis 316) 



CHAPTER XIX 
Trustees: Corporal Punishment 

The right to make rules implies the power to en- 
force them, and the infraction of all reasonable rules 
may be punished. (116 N W 232) 

If the court upholds the rule under which expulsion 
was made it will not review the board's finding that 
the pupil violated the rule. 

(56 la 476, 97 la 526. 100 la 317, 129 la 997, 66 N W 765, 69 N W 544) 

It is only when the rule is unreasonable or beyond 
the exercise of discretion that the courts will say the 
board was unauthorized. 

(116 Ind 11, 30 la 429, 56 la 476, 63 111 353, 17 LI A 386. Ill Ind 472, 486. 
116 Ind 11, 93 Minn 3.32) 

But the presumption is in favor of the board. 

(31 la 562. 42 la 522, 95 111 263, 157 Mass 561) 

There are two final resorts in case of disobedience, 
corporal punishment and expulsion. 

(1 City Hall Rec 55, 2 Dev & Bat 365, 4 F & F 202, 3 Head 455, 45 la 248 
84 111 A 270, 2 Ired 50, 19 N C 365, 68 N C 322, 71 N H 619, 2 Pa L J R 78. 
19 Vt 102, 29 Vt 102, 32 Vt 114, 45 Wis 150) 

A legal right to enforce discipline by means of cor- 
poral punishment exists in all schools where it has not 
been expressly forbidden by statute or by regulation. 
This is conferred by usage and confirmed by legal de- 
cision. — Blackstone's Commentaries, i. 453. 

The state of New Jersey, and some cities like New York 
and Syracuse, forbid corporal punishment. 

(221) 



222 Trustees : Corporal Punishment [Parti 

The master is in loco parentis, in the place of the 
parent, and has such portion of the powers of the 
parent committed to his charge, viz. : that of restraint 
and coercion, as may be necessary to answer the pur- 
poses for which he is employed. — Blackstone s Com- 
mentaries, i. 453; Bishop's Common Law, 7th ed., 
882; Schoiiler's Domestic Relations, 4th ed.. Sec. 244; 
Addison on Torts, Wood's ed., Sec. 840. 

(88 Ala 169, 3 Am St 645, 16 Am St 31, 4 Gray 36 5 Pa L J R 78, 45 Wis. 
150) 

In one point the teacher's rights are greater than those of 
the parent. The teacher could no doubt expel a pupil for 
an offence which would not justify the parent in turning a 
son out of doors. — Williams, p. 274. 

The schoolmaster has a right to give moderate corporal 
correction to his pupils for disobedience to his lawful com- 
mands, for negligence, or for insolent conduct. A school- 
master, tn his own right, and not by delegation, possesses 
this authority. — Reeves's Domestic Relations, p. 534. 

The law relating to public and private schools is the same 
as far as relates to the discipline of the school (49 N H 
473). 

In case of a private school, the parent may withdraw 
the child at any time, and thus terminate the teacher's 
delegated right. (23 Q B 305, 24 Q B 283) 

If a person over 21 years old voluntarily attends school, 
he is subject to the same discipline as children of school age 
(45 la 248, 27 Me 266, 35 Wis 59). A man teacher has been 
sustained for whipping a woman pupil 21 years old (4 la 248). 

In New York the right to inflict corporal punish- 
ment is affirmed by statute. 

To use or attempt, or offer to use, force or violence 
upon or toward the person of another is not unlawful 



District] A Statute Right in New York 223 

when committed by any guardian, master or teacher in 
the exercise of a lawful authority to restrain or correct 
his child or scholar, and the force or violence used is 
reasonable in manner and moderate in degree. (88: 1909) 

So in English act f or Pre vention of cruelty to children, 1899 : 
"Nothing in this act is to be construed to take away the 
right of any parent, teacher, or other person having the 
lawful control of the child, to administer punishment." 

But even here the teacher is subject to the rules es- 
tablished by the trustees. When the trustees have 
made a rule forbidding corporal punishment, the 
teacher may not inflict it. (D 4355) 

On the other hand the education department 
ruled April 4, 1901 that when the trustees of any 
school district authorize or direct corporal punish- 
ment to be administered, it is the teacher, not the 
trustees, that administers the punishment and the 
trustees have no authority to direct the kind of pun- 
ishment to be used or the extent of punishment. 

The principal may of course punish for offences com- 
mitted in other departments of the school. 

A school teacher while in the school-room is re- 
sponsible for maintaining good order, and he must be 
the judge to some extent of the degrees and nature of 
the punishment required when his authority is set at 
defiance; and although he will be held amenable to 
the law for any abuse of this discretion, still he will not 
be held liable on the ground of excessive punishment 
unless the punishment is clearly excessive, and would 
be held so in the judgment of reasonable men. The 



224 Trustees : Corporal Punishiaent [Part I 

teacher should have the benefit of the doubt. — Kent's 
Commentaries. 203-206; Wharton's Criminal Law, 
9th ed. Sec. 632. 

(3 Am St 146, 102 Am St 527, 3 Head 445, 74,111 A 270, 69 Ind 295, 78 
Me 509, 63 N C 1, 78 N C 322, 9 N H 722, 5 PaL J 78, 5 S W 122, 106 S W 
359, 20 Vt 487, 27 Vt 755, 45 Wis 150 B jt see 7 Me 273) 

The law presumes that the teacher acts correctly and with 
justice, and it must be shown by evidence that he has not so 
acted. — Cooley's Constitutional Limitations, 421. 

The teacher has even been sustained for whipping a child 
for coughing in school, when in his judgment it was done 
voluntarily to disturb the school. (64 N H 297) 

In a decision rendered by the New York general 
term at Ithaca, 1879, where a boy was punished for 
addressing an indecent remark to a woman teacher, 
the court held : 

There can be no doubt that the boy deserved a sound 
punishment. He was old enough to know the meaning of 
the words and the gross impropriety of using them to any 
teacher, and especially to a lady. And when the offence 
was undoubtedly committed, and was wilful and indecent, 
and the offender was no longer a mere child, neither courts 
nor juries should be quick to criticise an excess of severity in to 
which the proper indignation of the teacher may have led him. 

In Potter's "Devorris", page 518, it is said that "In deciding 
questions of discipline the teacher acts judicially and is not to be 
made liable, either civilly or criminally unless he has acted with 
express malice and been guilty of such excess in punishment 
that malice must be implied." And again at page 530: "When 
the correction administered is not in itself immoderate and 
therefore beyond the authority of the teacher, its legality or 
illegality must depend entirely we think on the quo animo 
with which it is administered. Within the spliere of his author- 
ity the master is the judge where correction is required, atid the 
degree of correction necessary, and like others entrusted with a 
discretion, he can not be made penally responsible for error of 



District] Cause; Force 225 

judgment, but only for wickedness of purpose." — S. B. vi. 35. 
Evidence that the scholar was obedient in preceding years 
under other teachers is inadmissable. (106 S W 359) 

1. Sufficient cause must be shown. 

The legal objects and purposes of punishment in schools are 
like the objects and purposes of the state in punishing the 
citizen. They are three-fold: (1) the reformation and highest 
good of the pupil; (2) the enforcement and maintenance of 
correct discipline in school ; (3) as an example to like evil doers. 
And in no case can the punishment be justifiable unless it be 
inflicted for some definite offence or offences which the pupil 
has committed, and the pupil is given to understand he or she 
is being punished for. * * * j^ does not require the teacher 
to state to the pupil in clear and distinct terms the offence for 
which he or she is being punished. It only requires that the 
pupil as a reasonable being, should understand from what 
occurs for what the punishment is inflicted. (50 la 152) 

In Ind. a rule requiring pay for school property wantonly 
or carelessly destroyed should not be enforced by corporal 
punishment. (18 N E 266) 

2. Any required force may be employed. It is 
the teacher's first duty to be master of the school. 

A teacher may use whatever force is necessary to take a 
pistol away from a pupil. (21 Tex 36) 

In 1880 Francis J. Cheney, then principal of the Dryden 
school expected resistance and asked two of the larger boys to 
assist hiin in case there should be resistance. As expected, the 
boy rebelled, assuming a threatening position and declaring de- 
fiantly that he would not be whipped. At this point the two 
pupils laid the boy on the floor and held him down while the 
teacher whipped him with a maple ruler. The case was tried 
before the court of special sessions, and the defence insisted 
that when the law gave the teacher a right to inflict punish- 
ment it gave him also the right to choose the means of punish- 
ment and that it was more to his credit to call in sufficient 
help to inflict the punishment in a proper and humane manner 



226 Trustees : Corporal Punishment [Part I 

than it would have been to enter into a fight with the pupil. 
A Maine decision (27 Me 266) was quoted, where it was 
decided that a scholar who placed himself in the teacher's 
desk and refused to leave it might be removed by the assist- 
ance of other pupils whom the teacher summoned. The jury- 
brought in a verdict in favor of the teacher. — 5. B. vi. 82. 

On July 21, 1865, John G. Lewis, principal of one of the 
public schools of New Haven, Conn., was brought before the 
city court for assault and battery on Francis M. Hoban, one 
of his pupils. The court stated the case and decided it as 
follows : 

"On the 21st of July last, and during the regular school 
hours, Mr. Lewis, as a punishment for some supposed misde- 
meanor on the part of young Hoban, directed him to take his 
book and go to the recitation room. The order was reluctant- 
ly obeyed. At the closing of the school, but before the pupils 
had retired, he came out of the room without permission, and 
was immediately ordered back by the teacher. The order 
was several times repeated and Hoban repeatedly refused to 
obey. Seizing two or three brushes, which were lying near by, 
with oaths and language most foul, and threats of violence if 
the teacher approached him, he dared him to come on, and all 
this in the presence of a large number of the scholars. Hoban 
is a boy 14 years of age, of fair size for his years, and, as it 
would seem, posessed of more than ordinary strength. It is 
clear, under all the circumstances, there was but one course 
for the teacher to pursue. He must vindicate his authority. 
It was necessary for the good of the school, as well as of the 
boy himself, that he should learn obedience and submission 
to that authority. For the milder offence, a milder punish- 
ment had been inflicted by sending him to the recitation- 
room to study by himself. For the more serious offences, 
the insults to the teacher, the refusal to obey a proper com- 
mand, the vulgar and profane language, the threats to kill 
the teacher if he should attempt to whip him, it was manifestly 
fitting and proper that he should receive a severe punishment. 
Mr. Lewis now approached the boy, who endeavored to strike 
him with the brushes. A struggle ensued, in which the 



District] Violence; Instrument 227 

teacher, notwithstanding the violent resistance of the pupil, 
succeeded in pushing him into the recitation-room; but I do 
not find that he used more force than was necessary to accom- 
plish this object. I do not find that the whipping was either 
cruel or excessive, and though severe, taking into consider- 
ation all the circumstances under which it was inflicted, it was 
not in my judgment unreasonable, but entirely justifiable. 
The accused is therefore discharged." — Am. Ed. Mo. ii. 372. 

In England it has been held that where a schoolmaster 
wrote to a parent and obtained the parent's consent to beat 
the pupil severely to subdue his alleged obstinancy, and the 
teacher beat the boy for two hours and a half secretly in the 
night, and with a thick stick, until the pupil died from the 
effects of the beating, such teacher was guilty of manslaughter 
only, no malice having been proved. (2 F & F 202) 

3. No unreasonable violence must be employed 

A school teacher is liable criminally if, in inflicting punish- 
ment upon his pupil, except necessarily in self-defence where 
the pupil attacks him, he goes beyond the limit of reasonable 
castigation, and either in mode or degree of correction, is 
guilty of unreasonable or disproportionate violence. 

Whether the punishment was excessive under the 
circumstances, is a question for the jury. 

(2 F & F 202, 3 Head 455 4 Gray 36, 4 Ind 290, 5 Jones 98, 27 Me 281. 
43 S W 1018) 

4. The instrument must be suitable. 

There also can be no doubt that if a master were deliberate- 
ly to strike a pupil with some weapon dangerous in itself, 
and likely (considering the pupil's age and strength) to kill 
or maim, and death were to follow as a consequence of such 
improper correction, the master would be guilty of murder. — 
Russell on Crimes, 5th ed., i. 773; Archibald's Crim. Prac, 
j. 218; Bishop's Crim. Law, 7th ed., sees 881, 2. (2 Dev & 
Bat 365) 



228 Trustees : Corporal Punishment [Part I 

A teacher who threw a pencil at a pupil to attract his 
attention is held to be liable for the destruction thereby of the 
sight of the pupil, if he did not act with ordinary care, and the 
injury was tha natural and probable result of his negligence. 
(65 L R A 890) 

5. The part of the person to which it is applied must 
be such that no danger will result. 

In England a master gave a boy four strokes on the hand 
with a cane, and Judge Mathew acquitted the master, ruling: 

"When parliament lays down a chart showing the partic- 
ular regions of the body to which corporal punishment in 
schools is to be confined, the court will take care that these 
limits are not overstepped; at present there is no such chart." 
(53 J P 743, 6 T L R ^3) 

Feruling upon the palms of the hands, and whipping 
upon the legs and especially upon the fleshy part of 
the thighs, are the safest. In case the pupil attacks 
the teacher, however, the teacher w411 be sustained in 
defending himself by any blows that may be necessary. 

Boxing the ears is among the most unpardonable 
of punishments, as it may produce deafness. 

6. Punishment must not be administered by the 
teacher in malice, and for the purpose of gratifying a 
malicious feeling, but only in a proper spirit, with the 
sole object of maintaining his authority and preserv- 
ing the order and decorum of his school. — Reeve's 
Dom. Rel., 4th ed., p. 357. 

Hence many schools have a regulation that corporal 
punishment shall be inflicted only after delay which will give 
the teacher's temper tinie to subside. 

In Ariz, any teacher before inflicting corporal punishment 
upon a pupil must first notify the parent or guardian and one 
member of the board of trustees of his or her intention at 
least one day before such punishment is to be inflicted, stating 



District] Illustrative Cases 229 

the day and hour at which the punishment will be inflicted, 
and extending an invitation to such parent and one trustee 
to be present. 

The Arizona statute also provides that the punishment 
must not be inflicted in the presence of the school. 

It must be kept in mind that all such specifications assume 
that the teacher's authority is undisputed. Where that is 
attacked and he must defend himself and it, rules like this 
no longer apply. 

7. The punishment should bear proportion to the 
gravity of the fault, and be graduated according to 
the age, strength, and mental condition of the pupil. 

A beating which would be a trifling punishment to a 
strong lad of 1 4 years, might be an act of extreme cruelty to 
a child of 5; and a punishment inflicted for failing to learn a 
lesson, which might be just and reasonable in the case of a 
child of ordinary intelligence, might be little short of barbar- 
ous in the case of one of low mental development. 

(88 Ala 169, 11 Cox 400, 5.3 Conn 481, 2 Dev & Bat 365, 2 F t P 202. 
5 Pa L J R 78) 

No line can be drawn between the use of the rod 
and its abuse; but the following cases will illustrate 
actual decisions. 

In North Carolina Rachel Pendergast kept a school for 
small children, and punished one of them with a rod to such 
an extent as to leave marks, all of which were likely to pass 
away in a short time amd leave no permanent injury. The 
judge instructed the jury that if they believed that the child 
(six or seven years of age) had been whipped by the defendant 
at that tender age, with either a switch or other instrument, 
so as to produce the marks described to them, the defendant 
was guilty. The jury under this charge returned a verdict 
of guilty, and the case was afterwards argued in the higher 
courts. Here Judge Easton held teachers exceed the limits 
of their authority when they cause lasting mischief, but act 
within the limits of it when they inflict temporary pain. In 



230 Trustees : Corporal Punishment [Part I 

this case the marks were teinporary, and in a short time 
disappeared. No permanent injury was done to the child. 
The only appearance that could warrant the belief or sus- 
picion that the correction threatened pennanent injury were 
the bruises on the neck and arms; and these, to say the least, 
were too equivocal to justify the court in assuming that they 
did threaten such mischief. "We think, also, that the jury 
should have been further instructed that, however severe the 
pain inflicted, and however, in their judgment, it might 
seem disproportionate to the alleged negligence or offence of 
so young and tender a child, yet if it did not tend to produce 
or threaten lasting mischief, it was their duty to acquit the 
defendant ; unless the facts testified induced a conviction in 
their minds that the defendant did not act honestly in the 
performance of duty, according to his sense of right, but 
under the pretence of duty was gratifying malice. (31 Am. 
Dec. 416) 

In Fairfield, 111., a boy over 14 failed to learn his grammar 
lesson. The teacher ordered him to take off his coat to be 
whipped, or to be expelled. The boy refused and was expelled. 
A controversy arose as to the demand made for the boy to 
pull off his coat. The superintendent's decision was as 
follows: "The law will not sustain the teacher in so barbar- 
ous an act as compelling a pupil to take off his coat and be 
whipped for failing to learn a lesson. Such an act would 
subject the teacher to prosecution, and I do not believe there 
is a court in the state that would not impose a fine upon him. 
* * * In my opinion, any teacher that cannot create an 
interest in his pupils on the side of good order and good 
lessons without resorting to such means, is not fit for the 
school-room, and the sooner a district dispenses with his 
services the better." — Ed. Weekly, Nov. 15, 1877. 

Four cases in New York will illustrate what has been 
held reasonable here. 

The facts appear to be that the pupil flatly refused to obey 
the teacher by not taking the seat he was directed to take. 
The teacher came towards the boy, intending to compel him 



District] Illustrative Cases, New York 231 

by force to take the seat assigned to him. The boy, with an 
oath, bade the teacher not to come near him, and, as the 
teacher approached, the boy struck at him several times. 
The teacher caught the boy, and with force put him in his 
seat, the boy meantime kicking, striking, yelHng, and swear- 
ing. To stop this outrageous and unseemly noise, the teacher 
took the most effectual measure at his command ; he inter- 
cepted the passage of air between the lungs and the vocal 
organs long enough to suppress the disturbance, but not long 
enough to injure the boy. But the boy was not subdued by 
any such gentle restraint, for no sooner was he left alone than 
he ran out of doors. The teacher pursued and caught him 
and brought him back to the school-room, not, it appears, 
without some considerable force, for the boy was struggling 
with all his strength ; and it would really not be strange if in 
the struggle he received some severe blows. And for this 
the superintendent is asked to annul the certificate of the 
teacher. I decline to do anything of the kind. The teacher, 
in the matter of the boy, did no more than he was compelled 
to do; he might have done much more, and still be acquitted 
of inflicting cruel and unusual punishment. It was not 
cruel, and if it was unusual, it was only so because the con- 
duct of the boy was unusual. — Sup't Rice, March 24, 1862. 

A teacher, for an act of disobedience, ordered a boy 15 
years of age, to hold out a book of the ordinary size used in 
school, at arm's lenght, level with his shoulder. The boy 
after holding it in that position from 5 to 8 minutes, let it fall 
and said he could not hold it any longer. On being ordered to 
hold it out again, he peremptorily refused. The teacher then 
with a curled maple rule, over 20 inches long, I J wide, and 
half an inch thick, struck him from 15 to 20 blows on his back 
and thighs, and in so severe a manner as to disable him from 
leaving the school without assistance. A physician was 
called, and found his backand limbs badly bruised and swollen. 
The teacher on the succeeding day sent him to a physician, 
who pronounced him "very badly bruised". It was ten or 
twelve days before he so far recovered as to be able to attend 
school. The superintendent expresses his unqualified dis- 



232 Trustees : Corporal Punishment [Part I 

approbation of a punishment so severe and unreasonable. If 
the disobedience of the boy had been the result of sheer 
obstinacy and wilfulness, it could not justify the infliction of 
15 or 20 blows with such a bludgeon upon the back and thigh 
of a boy, disabling him for a fortnight. Such a measure of 
punishment for such an offence would be sufficient ground 
for annulling a certificate. — Sup't Young, March 29, 1843. 

The only pupils in said school who complained that they 
were punished by the respondent in a cruel, unreasonable, 
excessive, and improper manner are Jessie Morgan, Anson 
Tobias, Richard D. Fish and Ernest L. Smith, each of whom 
has made an affidavit relative to the punishment received by 
him respectively. It appears from the proof that the respon- 
dent punished the pupil, Morgan, three times, twice with a 
ruler and once with a small piece of pine siding, by three or 
four blows upon his person. Morgan states in his affidavit 
that at one of these punishments he fainted ; but that is denied 
by the respondent, and it appears in proof that Morgan 
admitted to divers persons that he did not faint upon such 
occasion. It appears that Morgan was punished for running 
away from school, for getting angry and refusing to be shown 
in relation to a lesson, and refusing to obey his teacher and for 
conspiring with two or three of the large boys in the school to 
resist the respondent in the performance of his duties. That 
the pupil, Tobias, was punished for making an obscene mark 
and picture upon his desk. Tobias denied having made it, 
although one Ackerman saw him make it; but Tobias subse- 
quently admitted that he made it. The punishment was 
administered by means of a rubber tubing about | of an inch 
in diameter, applied upon his person. That the pupil, Smith, 
by means of a rubber syringe, threw water upon other pupils 
in the school during school hours; that he was kept after 
school hours and respondent gave him the choice of being 
punished or having his offence reported to the board of educa- 
tion, and that Smith replied he preferred to be punished, and 
thereupon the respondent punished him with a ruler applied 
to the person of said Smith. That the pupil, Fish, who is 
a son of the petitioner herein, was punished several times; 



District] Illustrative Cases, New York 233 

once, on being kept after school hours for disorderly conduct 
in school, while the respondent was talking with him he 
became angry and struck the respondent with his fist, and 
the respondent slapped him upon his face with his hand and 
whipped him with a ruler ; on one occasion, on said Fish being 
kept after school hours and refusing to get his lessons and 
talking in an impudent and saucy manner to the respondent, 
he was struck two or three times by the respondent with a 
ruler ; and the last punishment received by Fish from respond- 
ent was on February 8, 1894, when he told an untruth to the 
respondent, was disobedient, became angry with, and saucy 
and impudent to the respondent, and caused the other pupils 
in the school to laugh by making faces behind the back of 
the respondent. The nature and extent of the punishment 
received by said Fish is set out in a number of affidavits by 
pupils present, and by both Fish and the respondent. Upon 
all the proofs presented as to the character of the punishment 
administered to the pupils, Morgan, Tobias, Smith, and Fish, 
by the respondent, I am of the opinion that such punishment 
was not cruel, unreasonable, or excessive. It is not shown 
that any of said pupils sustained any serious injury thereby ; 
but it does appear that the pupil, Fish, was a disturbing 
element in the school. (D 4252) 

In Nov., 1894, Miss Canfield, a teacher in the school at 
Marcellus, missed two cents from her desk, and believed a 
pupil named Charles E. George stole it. She testified that 
the boy had a new lead pencil, and told four conflicting stories 
as to how he got it. She reported him to Principal M.I. Hunt, 
who testified the boy also told him such conflicting stories 
that he finally took the boy down into the basement and 
spanked him with a piece of pine wood 15 to 18 inches long, 
\}/2 inches wide, and a quarter -inch thick — in other words a 
piece of lath. The boy then said he took the money and told 
where he bought the pencil. Suit was brought in the supreme 
court and the case was tried in 1895. Miss Canfield testified 
that the boy came back into the room with eyes moist, but 
not crying, and at the close of the school jumped down four 
stairs and started on a run down the street. Dr. Totman 



234 Trustees : Corporal Punishment [Part I 

testified that the boy had sustained no serious injury, and a 
verdict for the defendant seemed to be inevitable. Yet the 
jury brought in a verdict for $100 against Mr. Hunt. — 5. B. 
xxi. 54. 

A comparison of the last two cases, decided the 
same year, will suggest how much safer it is for a 
teacher to trust such a case to the commissioner of 
education than to the courts (see page 145), and how 
great danger he encounters before a jury if he inflicts 
corporal punishment at all. 

Yet the jury usually acquits the teacher if his case is prop- 
erly presented. A comparison of the cases in which judg- 
ment against the teacher has been rendered suggests that 
often the teacher has hired some obscure lawyer because he 
was cheap. There is no safer advice than this: (1) keep out 
of the courts if you can; (2) if you must have a law suit get 
the best lawyer to be had, no matter what he charges. 

A change in sentiment is manifest in recent decis- 
ions. The teacher will not find it safe to rely upon 
modern confirmation by the courts of many decis- 
ions once rendered and long considered good author- 
ity. The old common law as to the extent of cor- 
poral punishment was as follows : 

The law confides to school teachers a discretionary power 
in the infliction of punishment upon their pupils, and will not 
hold them responsible criminally, unless the punishnient be 
such as to occasion permanent injury to the child, or be 
inflicted inerely to gratify their own evil passions. — Wharton's 
Criminal Law, 5th ed. i. 453. 

But this remark is also found in Cooley's Black- 
stone, 2d ed., i. 453: 

It may be proper to observe, however, that public senti- 



District] Modern Tendency 235 

ment does not now tolerate such corporal punishment of 
pupils in schools as was fonnerly thought permissible and 
even necessary. 

See also Russell on Crimes, 5th ed., i. 773. 

•When such punishment is proved to have been excessive 
and cruel, it is illegal. (3 Head 455, 4 Ind 290, 19 Vt 102, 
32 Vt 114) 

Every year this tendency is becoming more and 
more marked, and the teacher who cannot govern 
without severe corporal punishment will do well to 
retire from teaching before he is forced out. Thus 
Commissioner Draper of New York ruled ; 

It is shown that he has beaten several pupils on different 
occasions with a stick three or four feet long, until he has 
drawn blood upon and disfigured their hands and heads, 
raised ridges upon their bodies, and produced lameness 
which continued for a week or more. * * * 

The time has gone by when such indignities may be inflicted 
upon children, or such scenes as this testimony depicts may 
be enacted in the presence of a public school. A teacher who 
has not character and self-possession, and who has not yet 
learned how to maintain discipline in a better way, is no longer 
wanted. (D 3863) 

The Mont, school law says that any teacher who shall mal- 
treat or abuse any pupil by administering any undue or severe 
punishment, is deemed guilty of a misdemeanor, and upon 
conviction thereof before any court of competent jurisdiction 
may be fined in any sum not exceeding $100. 

In Indiana the court held: "In one respect the tendency of 
the rod is so evidently evil that it might perhaps be arrested on 
the ground of public policy. The practice has an inherent 
proneness to abuse. The very act of whipping engenders 
passion, and very generally leads to excess. Where one or 
two stripes only were at first intended, several usually follow, 



236 Trustees : Corporal Punishment [Part I 

each increasing in vigor as the act of striking influences the 
passions. Hence, the spirit of the law is, and the leaning of 
the courts should be, to discountenance a practice which tend 
to excite human passions to heated and excessive action, 
ending in abuse and breaches of the peace. * * * * One 
thing seems obvious. The very act of resorting to the rod 
demonstrates the incapacity of the teacher for one of the 
most important parts of his vocation — namely, school gov- 
ernment. For such a teacher the nurseries of the republic 
are not the proper element. They are above him. His true 
position will readily suggest itself. It can hardly be doubted 
that public opinion will in time strike the ferule from the 
hands of the teacher, leaving him, as the true basis of gov- 
ernment, only the resources of his intellect and heart. * * * 
Why the person of the school boy, with his shining morning 
face, should be less sacred than that of the apprentice and 
sailor is not easily explained". (4 Ind. 290) 

In 1899 Arizona dropped the enactment expressly author- 
izing corporal punishment. Suspension by the teacher, 
expulsion by the board of trustees, with liability of parents 
for damage to property, are the extreine measures proposed 
in the edition of its school law for 1897. 

For a general statement of the limit of the teacher's 
power and duty in the matter of discipline, we quote 
from an address by Prof. James S. Pertle, of the law- 
department of the University of Louisville: 

The teacher is often spoken of as standing to the pupil in 
the place of a parent, in loco parentis, while the relation contin- 
ues, and it is said that the teacher has therefore the same 
power over the pupil that the parent has, and may use the 
same means of enforcing obedience that a parent may under 
the law. * * * Blackstone and Reeves state this view as the 
proper doctrine, with a limitation that a teacher has the 
power of restraint and corrections to such an extent as may be 
necessary to answer the purpose for which the teacher is 
employed. 

It seems evident that there must be a difference between 



District] Limit of Teacher's Authority 237 

the power which the teacher has over the child and that which 
the parent has. The teacher has the welfare of his pupil in 
view, and is actuated, in enforcing discipline in his school, 
only by the highest motives; his affection for his pupils is a 
restraint upon his passions, and his humanity is an additional 
safe-guard against undue harshness to the children under his 
charge. Yet the teacher, however kind, however just, how- 
ever self-controlled, has not the same or equal motive for 
consideration for the pupil that a judicious and kind parent 
has. * * * That which will be excused in a parent would 
not be permitted in a teacher. All parents are not kind and 
judicious, and yet, unless the treatment of a child by its 
parents amounts to cruelty, the law does not interfere. So 
that the teacher must keep himself under greater restraint 
in his management of his pupil than the parent of the same 
pupil is required to preserve. The supreme court of Vermont 
stated the law, on the occasion of a controversy between a 
teacher and a pupil growing out of a punishment inflicted 
upon the latter by the former, in these words: "The parent 
unquestionably is answerable only for malice or wicked 
motives or an evil heart in punishing his child. This great, 
and, to some extent, irresponsible power of control and 
correction is invested in the parent by nature and necessity. 
It springs from the natural relation of parent and child. It 
is felt rather as a duty than a power. * * * This power is 
little liable to abuse, for it is continually restrained by natural 
affection, the tenderness which a parent feels for his offspring 
an affection ever on the alert and acting rather by instinct 
than by reasoning. The school-master has no such natural 
restraint. Hence he may not be trusted with all a parent's 
authority, for he does not act from the instinct of parental 
affection. He should be guided and restrained by judgment 
and wise discretion, and hence is responsible for their reason- 
able exercise." 

Punishment must be inflicted only on school 
premises, even where permitted for offences out of 
school. 



238 Trustees : Corporal Punishment [Part I 

Expulsion is the alternative resort. If the teacher 
cannot punish, he still has the final resort of suspen- 
sion or expulsion. (27 Vermont 755) 

On Oct. 12, 1887, while John H. Clark, superintendent of 
schools in Flushing, was speaking to the pupils in one of the 
rooms on a matter of discipline, Anthony Brown, 17 years old, 
rose and looked round at the other pupils in a contemptuous 
manner. Mr. Clark took hold of him, and a trial of strength 
ensued, so severe that the janitor had to interfere in behalf of 
the teacher. The boy apologized before the school and prom- 
ised better behavior. The next day his class teacher reported 
that he was continuously troublesome, and sent him to the 
principal. Mr. Clark remonstrated with the pupil, who grew 
insolent and abusive and dared the superintendent to 
put him out of the school. Mr. Clark suspended him and 
directed him to leave the building. The next morning the 
boy appeared again, and was a leader in scattering paper caps 
upon the floor, and exploding them. Thereupon the boy was 
removed from school, and the action was sustained by the 
board of education. Held that the public had no right to 
call upon teachers to test their physical powers with those of 
young men already grown to man's estate (D 3689). 

This case was also tried in court, and a similar decision 
was rendered by Judge Brown. 

The teacher may not punish a pupil for refusing to do what 
the parent has requested he be excused from doing, even when 
such refusal justifies the board in suspending or expelling. (69 
Ind 95, 79 Ind 75, 50 la 152) 

In England the most serious punishment which can be 
inflicted by a master is expulsion from the school. It is 
necessary for the master to have such a power as a last re- 
source in the case of incorrigible misconduct, and also for the 
protection of his other charges from the evil influence of an 
unusually vicious pupil. Expulsion however cannot be inflict- 
ed by the master of a board (public) school; for the attendance of 
a child at such a school is compulsory by law, and, unless the 
child be guilty of an offence justifying his being sent to a 



District] Preferable to Expulsion 239 

reformatory or industrial school, his expulsion from a board 
school would imply, most probably, the entire cessation of 
his education. Also when parents are compelled to send 
their children to school under the provisions of the Elementary 
Education Acts, they are only excused from sending them to 
a board school for certain reasons, none of which is that the 
child has been expelled; therefore, if a child could be ex- 
pelled, we should have the father in the awkward position 
of being liable to a penalty for not causing his child to attend 
a school, to which the master of that school refused to admit 
the child. — Disney's Law relating to Schoolmasters, pages 
89, 90. 

How, then, is expulsion to be reconciled with the 
principle of compulsory education (see page 185) ? 
Here we have the law with one hand compelling 
children against their will to enter the school, and 
with the other making exclusion the penalty _^for 
misbehavior. 

Governor Dix believed that corporal punishment 
was preferable to expulsion. He said : 

A teacher ought not, I think, to dismiss a scholar from 
school. From the nature of the common school system, 
teachers are, as a general rule, bound to receive and instruct 
all children sent to them. If a scholar is so refractory that 
he cannot be managed, and his dismission becomes necessary 
to the preservation of order, I think the teacher should lay 
the matter before the trustees for their direction ; but not 
until the ordinary means of correction had been fully tried 
and found unavailing. — Decisions, page 145. 

This is unquestionably sound doctrine. While 
corporal punishment should be seldom necessary, the 
pupils should not know that the power to inflict it 
is taken from the teacher. Impertinence, for in- 
stance, always the utterance of a weak and cowardly 



240 Trustees : Corporal Punishment [Part I 

nature, can be easily checked only by the certainty 
of immediate and physically painful punishment. 
Deprivation of recess or extra tasks often develop it 
into confirmed insolence, and expulsion follows. The 
boy whom one tingling blow of the ferule might have 
saved, grows up in lowbred ignorance. Instances 
like this we have known ; and we do not believe that 
boards of education should take away this right of 
the teacher, or that teachers themselves should os- 
tentatiously renounce it. If the teacher has deter- 
mined to maintain good order without the use of the 
rod, it does him honor, and we wish him success. But 
let him keep his resolution to himself. There are 
pupils who fear only what hurts them ; and they 
may bring about a crisis when only the rod, and that 
vigorously applied, will maintain order in the school- 
room. 

But we have shown that modern sentiment is 
growing so strongly against corporal punishment that 
it is a dangerous power to exercise, even where it is 
permitted. Besides, it is asking a good deal of young 
teachers, especially of young women, to control un- 
ruly boys by physical force. Evidently as a last re- 
sort some new punishment must be substituted for 
persistent bad conduct in school. 

The truant school is the solution of the difficulty. 
Every system of schools should have such a school, 
not penal but reformatory, to which refractory pu- 
pils may be sent. Without such schools no com- 
pulsory law can be efifective. See page 194. 

(10 Am Law Reg N S 366, 55 III 280. 19 Ohio 184, 40 Wis .328) 



District] The Truant School 241 

Fortunately the New York law makes the neces- 
sary provision in providing for truant schools. (537.) 

These are not the correctional institutions of the 
kind referred to in the English quotation as "refor- 
matory or industrial school", presence in which is 
proof of crime. On the contrary, "no person con- 
victed of crimes or misdemeanors, other than truancy, 
shall be committed thereto." (537) 

When properly conducted these schools are a 
pleasure as well as a blessing to their pupils, and for 
certain types of boys and girls, coming from certain 
kinds of homes, are unquestionably better fitted to 
their needs than the common schools can be. 

Where these schools are available, suspension and 
expulsion with commitment to these schools may be 
much more freely resorted to than when the result 
was to throw the child upon the streets. Under this 
law the suspended pupil instead of being relieved from 
supervision comes under closer supervision. 



CHAPTER XX 

Suspension and Expulsion 

The right to attend school is not absolute, but is con- 
ditional upon compliance with the rules and regu- 
lations. ( 50 la 152, 48 Wis 473) 

The Iowa law says the true idea is to bring all within 
the salutary influence of the school, and to drive none 
out; but cases sometimes occur in which it becomes neces- 
sary for the board to protect the rights of the many by 
excluding a scholar whose presence and example are a 
constant menace to the successful progress of the school. 

The authorities are generally to the effect that when a 
pupil is guilty of such misconduct as to interfere with the 
discipline and government of the school he may be suspended 
or expelled. 

(110 N W /3-, citing 30 Am Rep 706, 35 Am Rep 163, 14 Barb 222 
41 Conn 442, 8 Cush 163, 95 111 263, 32 111 A 300, 105 Mass 475. 157 Mass 
561, 42 Mo A 24 32 N E 864, 27 Vt 755, 46 Vt 456, 45 Wis 150) 

Accordingly, in most states, there is vested in the 
teacher the right to suspend pupils for bad conduct, 

(14 Barb 221. 48 Cal 36, 3 Head 455, 23 la 531, 31 la 562. 5 Lea 525 • 
111 Mass 499, 133 Mass 103, 27 Me 266, 38 Me 376, 3 Tenn Leg R 19, 17 
Vt 480, 27 Vt 755, 32 Vt 224, 46 Vt 452, 48 Vt 473, 45 Wis 150) 

New York holds that the power to suspend rests 
only in the trustees. 

"The appellant (teacher) had no authority to establish 
rules .... nor to suspend or expel a single pupil without the 
order or consent of the respondent (trustee)." (D 4355) 

In 1881, the principal of the Cattaraugus union school 
suspended Homer Crandall for two weeks under a by-law of 
the board authorizing the principal to suspend a pupil who is 
guilty of flagrant misconduct, or whose example is positively 

(242) 



District] Who may Suspend Pupils 243 

injurious, or whose reformation after repeated admonitions 
appears to be hopeless. The court of sessions ruled that the 
board could not delegate to a teacher the power of suspension 
or expulsion; and that a boy could not be expelled without 
notice to appear before the board, with opportunity to defend 
himself. — S. B. vii. 116. 

Previous decisions had held that the teacher might 
suspend but must immediately report the case to the 
trustees for review. (D 1725, 3876) 

The New York city by-laws read : 

3 Any pupil found to be incorrigible or persistently dis- 
obedient to or regardless of the rules and regulations prescrib- 
ed for the government of the school or class, or who has been 
irregular in attendance may be suspended by the principal, 
with the approval of the district superintendent. Before 
suspending a pupil for such cause, the principal shall give 
notice of his intention to the parent or guardian of such pupil 
and he shall notify the district superintendent. 

4 Any pupil who resists the authority of the principal or 
class teacher or who by reckless depravity may injure or 
demoralize the school or class, may be immediately suspended 
by the principal, who shall forthwith notify the parent or 
guardian of such pupil and the district superintendent. 

5 The district superintendent, within five days after 
receiving a report from a principal concerning the suspension 
of a pupil, shall give reasonable notice of a hearing to such 
child, and to the persons in parental relation to such child, 
and an opportunity for them to be heard. After a hearing, 
the district superintendent shall report his findings in the case 
to the city superintendent, who may authorize the expulsion 
of such pupil and order his commitment to a truant school, 
in accordance with the provisions of the compulsory educa- 
tion law, or his transfer to another school or his reinstate- 
ment. 

In most states teachers may suspend, but must at once 



244 Trustees: Suspension [Part I 

report the case to the trustees for review. This is true of 
Ariz., Id., la., Mont., N. D., Ohio, Ore., Va. 

If the trustees do not sustain the suspension, Ariz., Id., and 
N. J. permit an appeal to the county superintendent, whose 
action is final. La. requires the case to be reported to the 
parish superintendent, whose decision is final. 

Id. and Ky. likewise require the teacher to report to the 
trustees without first taking action. 

The teacher when occasion demands may suspend or expel 
a pujjil; the trustees upon such inquiry as their judgment 
may suggest and approve, may, without notice to the pupil 
or to the parents, suspend or expel a pupil who is guilty of 
gross misdemeanor and presistent disobedience ; and the 
welfare of our common school system demands that they be 
invested with this authority. (110 N W 737) 

Judge Vincent ruled that, though the authority to suspend 
or expel pupils from school is vested in the board of directors, 
the teacher has the right to exclude a refractory pupil tempor- 
arily from school. He said: "We have long held the opinion 
that the right to exclude a pupil temporarily from school was, 
in the absence of law to the contrary, inherent in the teacher's 
office, and that the exercise of this right under some circum- 
stances is a necessity." — Nat. Teacher, July, 1874. 

This view is generally held, as in la.. Neb., R.I., Tenn., 
W. Va., etc. 

If the offender is incorrigible, suspension or expulsion is 
the only adequate remedy. In general, no doubt, the teacher 
should report a case of the kind to the proper board for its 
action in the first instance, if no delay will necessarily result 
from that course prejudicial to the best interests of the school. 
But the conduct of the recusant pupil may be such that his 
presence in the school for a day or an hour may be disastrous 
to the discipline of the school, and even to the morals of the 
other pupils. In such a case it seems absolutely essential to 
the welfare of the school that the teacher should have the 
power to suspend the offender at once from the privileges of 
the school ; and he must necessarily decide for himself whether 
the case requires that remedy. (45 Wis 150) 



District] Only Trustees may Expel 245 

The teacher who suspends or expels a pupil is not liable on 
an implied contract to teach. There is no implied contract 
between teacher and pupil in our schools that the former 
shall teach the latter. The only contract of the teacher is 
with the board of directors employing him and he is account- 
able to the board alone for his acts as teacher. (2 111 App. 458) 

The teacher can not expel. Should he assume to 
do so he would be liable for damages. — Cooley on 
Torts, 288. 

A Vt. decision held that the teacher might expel, and that 
if he erred in good faith in the discharge of his duty he was 
not liable to action (32 Vt 224). But in Mass., when the 
teacher suspended a pupil for refusing to take a whipping, 
and the trustees had not acted upon the case, the parent 
could not maintain a suit for damages for expulsion without 
first applying to the trustees to see if they sustained the 
teacher, as the child had not been expelled. (133 Mass 103) 

In some states power is given to the teacher by statute to 
suspend for a limited time. N. C makes the limit for the 
current term; N. D. makes the limit 5 days. Fla. directs 
teachers to suspend pupils for 10 days for gross immorality, 
misconduct, or persistent violations. la. says the teacher 
may suspend and fix the time, notice being given to the board . 

The trustees may expel whenever the harm the 
gupil does to the school more than counterbalances 
the good he might be expected to get from it. 

(79 111 667, 94 lii 263, 32 111 A 300, 115 N W 232, 62 S W 872.) 
This is provided for generally in statute law, as in Ariz., 
Cal., Col., Ks., Mo., Mont., Neb., N. J., Pa., Tenn., Va., etc. 

Sufficient cause must be shown to warrant this 
action. 

Sometimes this is not a matter of discipline. 

Infectious disease is of course ample reason for 
exclusion from the school, not only of pupils already 



^ 



246 Trustees : Expulsion [Part I 

infected, but of those likely to be infected from living 
in a house where such disease exists. (D 1687) 

For the exclusion of unvaccinated children see 
page 174. 

For the compulsory admission of colored children 
see page 174. 

Incapacity would seldom be a sufficient cause. 

(12 Allen 127, 8 Gush 160, .31 la 562, 38 Me 376, 23 Pick 224. 48 Vt 
444, 473) 

In 1899 it was ruled that the trustees could not exclude 
from the Cleveland normal school pupils on the ground that 
they give no promise of becoming fit for teaching. 

Henry E. Miller entered the San Jose normal school in 
1895 and again Feb. 25, 1899, and Sept. 4, 1900, was refused 
permission to continue as a pupil and was expelled. The 
court found that he had made no failures in practice teaching 
and he was discharged on the assumption that the board 
could by their arbitrary will decide him to be disqualified to 
become a teacher. In this the trustees exceeded their 
power and deprived the student of a right given him by the 
statute. It is not a question of withholding a diploma if at 
time of graduation he was found unfitted, but of permitting 
him to remain to study. It is not within the power of the 
teachers to acticipate the results of the final examination. 
The right to be admitted to a normal school is as valuable 
as to be admitted to a primary grade. (68 Pac 1032) 

A pupil may not compel a board to graduate him. (42 
Alt 846) 

A child was excluded from the school by a teacher, 
with the trustee's approval, upon the alleged ground 
that he was idiotic, lacked capacity for education, 
and was unable to care for himself. Evidence offered 
before the school commissioner did not sustain the 
charges, but rather refuted them. I suppose the true 
rule touching such a case is that the child should be 



District] Defective Children 247 

permitted to attend the school unless his presence is 
obnoxious to others, and unless he is so weak-minded 
as to be incapable of caring for himself and receiving 
the elements of an education. The school ought to 
help this boy if it can do so without detriment to the 
interests of other pupils. Not the mere pleasure 
or convenience of the teacher is to be considered, but 
the efficiency and success of the school. Although 
he may be the occasion of some annoyance, and of a 
little unusual care and attention, he should be per- 
mitted to continue in the school unless his presence 
there will injure it. (D 3891) 

New York makes generous provision for all chil- 
dren unfitted by feeble intellect or by deafness or by 
blindness for public school instruction. (920) 

There are institutions for the feeble-minded at Syracuse 
and at Newark. 

The commissioner of education has charge of the institu- 
tions for the deaf and dumb and bhnd in New York city, 
Rome, Batavia, and elsewhere. (920) 

All deaf and dumb persons resident in this state and 
upwards of 12 years of age, who shall have been resident in 
this state for 1 year immediately preceding the application, 
or, if a minor, whose parent or parents, or, if an orphan, 
whose nearest friend have been resident in this state for one 
year immediately preceding the application, are eligible to 
appointments as state pupils (921) 

All blind persons of suitable age and similar qualifications 
are eligible to appointment to the institutions for the blind. 
All such appointments, with the exception of those to the 
institution for the blind in the village of Batavia, are made by 
the commissioner of education upon application, and in those 
cases in which, in his opinion, the parents or guardians of the 
applicants are able to bear a portion of the expense, he may 
impose conditions whereby some proportionate share of ex- 



248 Trustees: Expulsion [Parti 

pense of educating and clothing such pupils shall be paid by 
their parents, guardians or friends, in such manner and at 
such times as the commissioner shall designate, which condi- 
tions he may modify from time to time, if he shall deem it 
expedient to do so. (922) 

Each pupil so received into any of these institutions is 
provided with board, lodging and tuition; and the directors 
of the institution receive an annual appropriation for each 
pupil so provided for. The regular term of instruction for 
such pupils shall be 5 years; but the commissioner of education 
may, in his discretion, extend the tern of any pupil for a 
period not exceeding 3 years. (923) 

The supervisors of any county in this state from which 
county state pupils may be hereafter appointed to any insti- 
tution for the instruction of the deaf and dumb, or to the 
New York institution for the blind, whose parents or guar- 
dians are unable to furnish them with suitable clothing, are 
hereby authorized and required to raise in each year for each 
pupil from said county, the sum of $30. (925) 

The supervisors, or officers corresponding thereto, of the 
counties of New York, Kings, Queens, Nassau or Suffolk, 
from which state pupils shall be sent to and received in the New 
York institution for the blind, whose parents or guardians 
shall, in the opinion of the commissioner of education, be 
unable to furnish them with suitable clothing, are hereby 
authorized and directed, in every year while such pupils are 
in said institution, to raise and appropriate $50 for each of 
said pupils from said counties respectively, and to pay the 
sum so raised to the said institution, to be by it applied to 
furnishing such pupils with suitable clothing while in said 
institution. (925) 

Whenever a blind person, who is a citizen of this state and 
a pupil in actual attendance at a college, university, technical 
or professional school located in this state and authorized by 
law to grant degrees, other than an institution established 
for the regular instruction of the blind, is designated by the 
trustees thereof as a fit person to receive the aid hereinafter 
rovided for, there shall be paid by the state for the use of 



District] Deaf, Dumb and Blind Children 249 

such pupil the sum of $300 per annum with which to employ 
persons to read to such pupil from text-books and pamphlets 
used by such pupil in his studies at such college, university 
or school. (926) 

Whenever a deaf-mute child under the age of 12 years 
shall become a charge for its maintenance on any of the towns 
or counties of this state, or shall be liable to become such a 
charge, it shall be the duty of the overseer of the poor of such 
town or of the supervisors of such county to place such child, 
and any parent, guardian or friend of a deaf-mute child, 
within this state, over the age of 5 years and under the age of 
12 years, may make application to the overseer of the poor of 
any town or to any supervisor of the county where such 
child may be, showing by satisfactory affidavit or other proof, 
that the health, morals or comfort of such child may be 
endangered, or not properly cared for, and thereupon it shall 
be the duty of such overseer or supervisor to place such child 
in one of the following institutions 

1. The New York institution for the deaf and dumb; or, 

2. The institution for the improved instruction of deaf- 
mutes; or, 

3. The Le Cotiteulx Saint Mary's institution for the improv- 
ed instruction of deaf-mutes in the city of Buffalo ; or, 

4. The Central New York institution for deaf-mutes in 
the city of Rome; or, 

5. The Albany home school for the oral instruction of the 
deaf at Albany; or, 

6. To any other institution in the state for the education 
of deaf-mutes as to which state board of charities shall have 
filed with the commissioner of education a certificate to the 
effect that said institution has been duly organized and is 
prepared for the reception and instruction of such pupils. 
(928) 

Such children placed in said institutions shall be main- 
tained therein at the expense of the county from whence they 
came, provided that such expense shall not exceed $300 each 
per year, untl they attain the age of 12 years, unless the direc- 
tors of the institution to which a child has been sent shall find 



250 Trustees: Expulsion [Part I 

that such child is not a proper subject to remain in said 
institution. (929) 

All blind persons of suitable age and capacity for instruc- 
tion, who are legal residents of the state, are entitled to the 
privileges of the New York state school for the blind at 
Batavia without charge, and for such a period of time in each 
individual case as may be deemed expedient by the board of 
trustees of said school ; provided, that whenever more persons 
apply for admission at one time than can be properly accom- 
modated in the school, the trustees shall so apportion the num- 
ber received, that each county maybe represented in the ratio 
of its blind population to the total blind population of the 
state ; and provided further, that the children of citizens who 
died in the United States service, or from wounds received 
therein during the late rebellion, shall take precedence over 
others. (941) 

The primary object of the school is to furnish to the blind 
children of the state the best known facilities for acquiring a 
thorough education, and train them in some useful profession 
or manual art, by means of which they may be enabled to 
contribute to their own support after leaving school ; but it 
may likewise, through its industrial department, provide 
such of them with appropriate employment and boarding 
accommodations as find themselves unable, after completing 
their course of instruction and training, to procure these 
elsewhere for themselves. It shall, however, in no sense be 
an asylum for those who are helpless from age, infirmity or 
otherwise, or a hospital for the treatment of blindness. (944) 

The trustees have power to appoint a competent and 
experienced superintendent, who is the chief executive officer 
of the school, together with an efficient corps of instructors 
and other subordinate officers; prescribe the duties and terms 
of service of the same; fix and pay their salaries, and for just 
cause, remove any or all of them froin office. They likewise 
employ the requisite nuinber of servants and other assistants 
in the various departments of the school, and pay the wages 
of the same. (952) 



District] Batavia Institution for the Blind 251 

If the friends of any pupil from within the state of New- 
York fail through neglect or inability to provide the same 
with proper clothing or with funds to defray his necessary 
traveling expenses to and from the school, or to remove him 
therefrom, as required in the preceding section, the trustee 
shall furnish such clothing, pay such traveling expenses, or 
remove such pupil to the care of the overseers of the poor of 
his township, and charge the cost of the same to the county 
to which the pupil belongs, provided that the annual amount 
of such expenditures on account of any pupil shall not exceed 
the sum of $60. (955) 

The school is entitled to receive copies of all books and 
other publications which are distributed gratuitously by the 
state to townships or county libraries, common schools, 
academies, colleges and societies. 

But the usual cause is the deliberate infraction of 
any rules made by the trustees which are reasonable. 
See page 165. 

Pupils should not be excluded for accidents or negligence. 
(2 111 A 584, 43 N W 996) 

To eject a boy from the room on account of profanity is 
not to be regarded as permanent expulsion from the school. 
(41 Conn 442) 

It has been held that a child might be suspended because 
a parent entered the school and used abusive language. 
(28 S. E. 896, 101 Ga 422, 65 Am St 312) 

Some states leave it discretionary with the trus- 
tees to expel for such case as may seem to them 
sufficient, without requiring them to name it. ( 105 
Mass 475) 

Thus Tenn. and Va. authorize the trustees to expel when 
the prosperity and efficiency of the school make it necessary. 

But more commonly the trustees must be able to 
defend their action by showing good reason for the 
expulsion. 



252 Trustees : Expulsion [Part I 

A pupil who had attended the Peru (Neb.) normal for 
several years made application to enter at the fall term of 
1897, but was refused "for the best interest of the school". 
"This action was taken," said the board, "without reference 
to his guilt or innocence in the matters with which his name 
has been connected." Held that mandamus proceedings hold 
if the action of the school was capricious or arbitrary. The 
record disclosed no reason. A writ compelling reinstatement 
is proper. So in Cal. (68 Pac 1029) 

Suspension must be for violation of some rule prescribed 
by the board, or committed during school hours, or in the 
presence of master and other pupils. (28 S E 896) 

(27 Am Rep 34.3, 65 Am St 312, 41 L R A 593, 28 S E 896) 

Where the statute provided that pupils may be expelled 
for gross immorality or for persistent violation of the rules 
of the school, the board was not authorized in suspending 
pupils for acts tending to destroy the peace and harmony of 
the school, or inciting insubordination on others, or for 
ridicule of the directors, in the absence of any regulation 
prohibiting such acts. (30 la 429) 

New York has ruled that trustees may expel pupils 
for open, gross immorality manifested by any licen- 
tious propensities, language, manners, or habits, 
though not manifested by acts of licentiousness, or 
immorality within the school, or for such violent 
insubordination against reasonable and proper regu- 
lations of the school as to render it impossible to 
maintain necessary discipline and order, or when in 
their judgment the good order and proper govern- 
ment of the school demands it {770) 

Immorality shown within the school is sufficient 
cause. 

(41 Conn 442, 79 111 567, 87 111 303, 36 Wis 59) 



District] Sufficient Causes 253 

It has been held that a licentious child may be excluded 
even when no licentious acts have been committed within 
the school. 

Ariz, makes habitual profanity and vulgarity good cause 
for expulsion, while Cal. and N.J. make them cause for suspen- 
sion. 

Ariz, says "for misconduct". 

When pupils indecently expose their persons or act in 
obscene or indecent manners, and use vile or indecent lan- 
guage they may be suspended. (D 4362) 

In England one Hutt was expelled from Haileybury college 
because suspected of stealing money. The judge suggested 
that if the teacher believed he stole, the cause was sufficient 
even if he did not steal. 

Insubordination, or continued wilful disobedience, 
is named in most statutes and decisions. (38 Me 164) 

See Ariz., Cal., Col., la., Kan., Neb., N. J., N. D. Pa., Wash., 
etc. 

The supreme court of Illinois has decided that school 
directors can expel pupils only for disobedient, refractory, or 
incorrigibly bad conduct, after all other means have failed. 
Expulsion is not designed as a means of punishment. (97 111 
375. See 89 111 567) 

In la. it was decided that trustees may not adopt a rule 
which will deprive a child of school privileges except as 
punishment for breach of discipline or an offence against good 
morals. (56 la 476) 

Damage to school property is in some states legal 
cause for expulsion. See page 167. 

In Mich, before a pupil may be suspended or expelled for 
this cause, the act must be shown to be wilful and malicious — 
not merely careless. (43 N W 996. See 2 111 A 584) 

In most states this is not so regarded. It is not reasonable 
to suspend pupil for not paying for broken window. (56 la 
476, 18 N E 266) 



254 Trustees : Expulsion [Part I 

A school board has no power to compel the payment of a 
sum of money as a condition of reinstatement. (116 N W 
232) 

If the trustees refuse to expel a persistently diso- 
bedient pupil, it has been held that the teacher may 
decline to continue the school and draw wages for the 
full term (D 1725), or at least up to the time of giving 
up the school (27 Vt 755, 46 Vt 452). See page 132. 

It is the duty of a trustee to aid a woman teacher, when 
appealed to, in reducing to subjection a vicious and disturbing 
pupil, and if necessary, to remove such pupil from the school. 
(D 3678). 

If trustees will not expel them, a teacher may refuse to 
instruct large boys who treat her disrespectfully and refuse 
proper obedience. "A female cannot be expected to control 
large boys by physical force" (D 1725) 

A boy expelled for impertinence should be readmitted if 
he apologizes (D 1695). Compare page 257. Nor can he be 
required to apologize upon his knees (D 1960). 

By other decisions, pupils cannot be suspended for refusing 
to apologize to a teacher for declining to sit by a very hot 
stove as punishment,- or for wearing the hair in a manner 
forbidden by the teacher but approved by the mother. See 
page 169. 

In 111. it has been held that the board may require a pupil 
to inform it of the name of another pupil guilty of a breach 
of the rules, and on his refusal may suspend him, but not for 
more than the rest of the school year (32 111 A 300) ; but it 
would not be safe to rely on this decision. 

It is not in the line of duty for trustees to refuse 
a person expelled from a school the quiet enjoyment 
of an exhibition held by a literary society of a school 
in a school-building. In charging the jury in such 
a case, the judge remarked: 

To say that a student expelled from a school for disobe- 
dience to some municipal regulation should be excluded from 



District] How long it should Continue 255 

attending a prayer meeting or public lecture in the school- 
house or college premises for all time to come, without any 
evidence of improper conduct or suspicion of improper purposes, 
would be an exercise of tyranny over his private rights not 
vested in the trustees, directors, or professors of our education- 
al institutions. (3 Pittsb 264) 

If a pupil who has been suspended or expelled re- 
fuses to leave the buildmg, the teacher or trustee may 
at once enter a complaint before any justice of the 
peace or city magistrate under the provisions referred 
to on page 155. 

The law of N. H. says "If any scholar, after notice, shall 
attend or visit a school which he has no right to attend, or 
shall interrupt or disturb the same, he shall be fined for the 
first offence $5, and for any subsequent offence $10, orj^be 
imprisoned not exceeding 30 days." 

How long expulsion should continue when a pun- 
ishment for bad conduct has been a subject of 'con- 
troversy. 

The usual view is that the expulsion should 
continue till repentance is shown. 

On April 8, 1874, L. H. Hanchett was suspended 
from the union school at Phoenix, N. Y., "for dis- 
respectful conduct and language towards his teach- 
er", and the board refused to restore him until he 
should make an apology. He refused to make such 
apology, on the ground that he had been unjustly 
dealt with in reference to a certain examination, and 
more than a year afterwards he applied to the state 
superintendent to be readmitted to the school with- 
out apology. The superintendent's decision reads 
as follows: "The language of the appellant to his 



256 Trustees: Expulsion [Part I 

teacher was such as no provocation would ever jus- 
tify a gentleman in using toward a lady, as the teacher 
is: and the appellant's own sense of self-respect and 
of what under the circumstances was due from him 
to his teacher should have led him to make the apol- 
ogy of his own free-will, without a demand for it from 
the board in behalf of the offended party. But it 
appears that the appellant persistently refuses to do 
not only the teacher but himself justice in the matter, 
for in view of the offence committed, making at least 
the reparation of an apology for the language used, 
was, in my opinion, an act of justice even to himself, 
which he should have been not only willing but eager 
to perform. But in view of the fact that the appel- 
lant has already been kept from the privileges of the 
school for more than a year, and that such a suspen- 
sion may be well deemed a sufficient punishment 
for the offence, committed as it probably was under 
unusual excitement and by a scholar of uniform 
previous good conduct, the appeal is, I must admit 
with considerable reluctance, sustained, and the 
respondents are directed to restore the appellant to 
the privileges of the school, on presenting himself for 
that purpose." — Letter book, Education department, 
July 21, 1875. 

The principle here affirmed is that when the sus- 
pension has been continued long enough to be a suf- 
ficient punishment, the scholar must be received 
without acknowledgment of the wrong committed. 

A similar decision was rendered April 24, 1901, in relation 
to a case in Huntington, where it was held that expulsion 



District] How long it should Continue 257 

could not be for a longer period than to the end of the school 
year. 

In some states the statute limits the period of expulsion 
to the current term. 

Among these are Kan., Neb., N.D., Ohio, S.D., Utah. 

But New York has had only two administrations 
capable of rendering such decisions and is not likely 
to have another. The usual ruling is given in the 
decisions which follow. 

Henry Merrill, 17 years old, a pupil in the school at Lyons, 
assaulted John H. Patterson, acting principal of the school, 
and on the next day when school was in session charged him 
with lying and offered to fight him. When called before the 
board he admitted this, and justified his conduct, whereupon 
he was suspended, and his guardian appealed. There can be 
no doubt of the power of local school authorities to suspend 
pvipils from school privileges when their conduct is so wilfully 
insubordinate as to be destructive of the good order and 
efficiency of the schools. There are undoubtedly some cases 
which would justify an entire and perpetual taking away of 
school privileges. There are many more cases which call for 
a temporary taking away of such privileges, to continue until 
such time as the pupil gives satisfactory evidence of his willing- 
ness to submit himself to the discipline of the school * * * 
This department will not be inclined to overrule the action of 
the board in this case, at least before it is shown that it refuses 
to readmit Merrill to the privileges of the school after he has 
given abundant proof of regret for his misconduct, and readiness 
to submit unreservedly to the discipline of the school. (D 3596) 

The action of a teacher and of a board of education in 
suspending a pupil will be upheld when it is shown that the 
pupil was disorderly and refused to obey the teacher and 
properly deport himself in the school. Until it has been made 
to appear by proof that the pupil has been subjugated and is 
ready to properly conduct himself, he should not he admitted to 
the privileges of the school. (D 3689) 



258 Trustees: Expulsion [Part I 

Appeal from the refusal of the trustees of a district to 
receive a pupil in the school who has been expelled for a breach 
of discipline. The boy has been denied the privileges for 
several weeks. The act for which the punishment was inflict- 
ed was evidently the result of momentary impulse, and for 
which he is now contrite. Nothing is shown against him but 
this one act. Held, that he should be admitted to the school. 
(D 3861). 

In 111., when a piipil has been suspended, and uses gross 
vulgarity and profanity to the board on being called before 
it, he forfeits his right if any to reinstatement until reparation 
is tendered. (32 111 A 300) 

In Me. the trustees may expel any obstinately disobedient 
and disorderly scholar, and restore him on suitable evidence 
of his repentance and ayne-ndnient. 

In R. I. the principle involved has been clearly stated. On 
March 9, 1870, a scholar named Fuller resisted the authority 
of J. I. Davenport, principal of the Woonsocket high school. 
The teacher suspended him. The committee justified the 
teacher in the suspension, but voted to restore the boy 
unconditionally. The teacher appealed from the committee 
to the state commissioner of public schools, who rendered 
the following decision : 

In the case of Master Fuller, no punishment has yet been 
inflicted for the offence committed, save that indirectly 
following the publicity of suspension from school ; and so far 
as the vote of the committee extends, there has been no 
requirement made which secures to the governing power of 
the school a recognition of the violation of law, or a proper 
pledge of future obedience. If the scholar so disobeying be 
allowed to return to the schoolroom without such acknowledg- 
ment of wrong, or a promise of future obedience, the disci- 
pline of the school would instantly be degraded to the 
position occupied by the offender, and to a state of discord in 
harmony with the offence. On the other hand, the recog- 
nition on the part of the offender, of the offence committed, 
as well as an acknowledgment of the authority of the teacher 
to regulate the internal police of the school, with a pledge of 



District] Must the Pupil be Heard? 259 

future obedience, not only honors proper and legitimate 
government and establishes it upon a proper basis, but it 
also honors the instinctive regard for truth, virtue, and 
correct deportment on the part of those who may have fallen 
into a fault, perhaps hastily and thoughtlessly. 

Upon this view of the case stands the whole question of good 
government and discipline at home or at school. If the parent 
or teacher be at once deprived of the power of judging of 
the value of an offence, from its intrinsic character and its 
attendant circumstances, and also of the power to administer 
merited punishment for offences, as well as of granting of 
pardon and forgiveness on the ground of true reformation, 
the whole foundation and superstructure of disciplinary 
government are thrown down, and misrule must and will 
prevail. 

The wise and judicious teacher is jealous of his true rights 
and prerogatives, and is the best judge as to the influences of 
the school-room which help on the one hand to maintain, and 
on the other to subvert, good government. The look and 
gesture may mean more of good or ill then the word or act; 
and it would not tend to the welfare of our schools, or to the 
support and dignity of home or school govenrment, to subject 
every act of the teacher or the parent to the severe tests of 
legal scrutiny, or the partisan attacks of interested counsellors. 
In view, therefore, of the general application of the vote 
passed by the school committee of Woonsocket, by which 
said committee decided to admit Master Fuller to regular 
standing in the high school, and in view of its specific applica- 
tion to the school of which he is a member, as well as its 
practical influence upon all the schools of the town, if carried 
out, I am forced to the conclusion that it would not be for 
the welfare of the schools to allow this vote to be carried into 
effect, and I therefore declare said vote to be null and void. — • 
Manual 1873, pp. 145, 146. 

In Mass. and O., before the pupil is expelled the par- 
ent must be notified and permitted to be heard. (72 



260 Trustees: Expulsion [Part I 

N E 91, citing 165 Mass 460, 175, Mass 462, 181, 
Mass 127, 63 N E 400) 

In New York and most other states the pupil may 
be suspended for gross misdemeanor or persistent 
disobedience without notice to him or his par- 
ents. (110 N W 736) 

In the suspension of a pupil the board is not required to 
proceed with the forniahty of a trial. Its action suspending 
a pupil pending suitable apology to a teacher to whom she 
had been iinpudent and insubordinate will be sustained. 
(D 5311) 

In the following cases pupils were suspended without 
notice and mandamus granted by superior ^court to reinstate 
the pupils but upon appeal to the supreme court the order 
was reversed: (65 Am St Rep 312, 101 Ga 422, 41 L R A 593, 
28 S E 896) 

An action of mandamus will lie and may be main- 
tained to reinstate a pupil if the action of the officer 
by whom the party was refused admission to or con- 
tinuance in school was an arbitrary or capricious ex- 
ercise of authority. (42 L R A 792, 57 Neb 183, 
77 N W 662) 

The burden of proof is on the parties whose action is 
appealed against. Mandamus is the proper proceeding. 
One who is unjustly deprived of the privileges of the public 
school is entitled to a speedy and adequate remedy. (129 
la 997, 31 Neb 552. 51 Neb 228, 48 N W 393, 70 N.W 946, 
109 N W 570, 110 N W 736) 

Trustees are not liable for damages for expelling a 
pupil, even though the rule be unwarrantably severe, 
provided they act in good faith. (32 Vt 224) 

(113 Mass 103, l.W Mass 561. 165 Mass 460, 57 Neb 183. 32 
N E 864, 43 N E 191. 72 N E 91) 



District] Damages for Wrongful Expulsion 261 

To recover damages, the person must first appeal to school 
officers who have the power to reinstate him, if there be such, 
and prove the action of the officers excluding him to have 
been wanton and malicious. (95 111 63, 13 111 A 520) 

In Mo. it was decided that when trustees had expelled a 
pupil for attending a social evening party in violation of a 
rule of the school, no suit for damages could be sustained. 
The court said: "Whether the rule was a wise one or not, 
the directors and teachers, are not liable to an action for 
damages for enforcing it, even to the expulsion of the pupil 
who violates it. While this court might, on mandamus to 
compel the board and teacher to admit a pupil thus expelled, 
review the action of the board and pass upon the unreason- 
ableness of the rule — which we do not, however, decide here — 
yet the doctrine that the courts can do this is very different 
from that which would hold the directors liable in an action 
for damages for enforcing a rule honestly adopted for the 
maintenance of discipline in the school. That such an action 
is not maintainable is fully established." (66 Mo 286) 

(14 Barb 221, 13 III A 520, 15 Ind 7.3, 51 Ind 206, 45 la 522, 111 
Mass 499, 38 Me 164, 376, 66 Mo 286, 5h J R 78, 17 Ohio 402, 29 Ohio 
161, 59 Pa St 151, 23 Pick 224, But see 49 Barb 455, 6 Cal 94, 47 
Conn 365, 1 Denio 117, 599, 48 Mass 253, 49 N H 199, 32 N Y 489, 50 
N Y 236, 21 Ohio 666) 

But four judges of the court say: "It certainly could not 
have been the design of the legislature to take from the parent 
the control of his child while not at school, and invest it in 
a board of directors or teacher of a school. If they can 
prescribe a rule which denies to the parent the right to allow 
his child to attend a social gathering, except upon pain of 
expulsion from a school which the law gives him a right to 
attend, may they not prescribe a rule which would forbid 
the parent from allowing the child to attend a particular 
church, or any church at all, and thus step in loco parenti'; 
and supersede entirely parental authority ? The directors, 
in prescribing the rule that scholars who attend a social 
party should be expelled from school, went beyond their 
power, and invaded the right of the parent to govern the 



262 Trustees: Expulsion [Part I 

conduct of his child, when solely under his charge. My 
concurrence in the opinion of the court is based upon the 
sole ground that malice, oppression, and wilfulness on the 
part of the defendants are not sufficiently charged in the 
petition." (66 Mo 286) 

There are some recent decisions awarding damages. 

Judge Dewey of Revere, Mass., fined the school authorities 
$100 for expelling Isidore Nathanson. He had been suspend- 
ed and was allowed to return on probation. He violated 
the terms of probation and was expelled. 

In 111. the court ruled in 1901: 

The unlawful expulsion of a pupil from school is a trespass 
for which the teachers and directors are personally liable; 
nor may the teacher justify such unlawful act under the 
authority of the directors. An assessment of $136 damages, 
even where there was no personal injury, is not to be regarded 
as excessive, but is distinctly moderate. 

Whatever damages are recovered are for the child, 
and not for the parent. (14 Barb 221. But see 20 
Ohio 666) 

Unless a parent has sustained some direct pecuniary 
injury by reason of unlawful suspension of his child, his 
remedy is mandamus to allow the child to attend and not an 
action for damages. (58 S E 19) 



CHAPTER XXI 
Trustees: Public Moneys 

11. To pay, towards the wages of such teachers as are 
qualified, the public moneys apportioned to the district 
legally applicable thereto, by giving them orders therefor 
on the supervisor , or on the collector or treasurer of such 
district when duly qualified to receive and disburse 
the same, and to collect, as herein provided, the residue 
of such wages by direct tax. (195, 240) 

No trustees may issue any order or draw a draft upon a 
supervisor, collector or treasurer for any money unless there 
is at the time a sufficient amount of money in the hands of 
such supervisor, collector or treasurer belonging to the dis- 
trict, to meet such order or draft, and a violation of this 
provision by any trustee is a misdemeanor and punishable 
as such. (195, 88:1909, Sec 1871) 

//, at the time of the employment of a qualified teacher 
for a term of school, there are no public moneys in the 
haruis of the supervisor, collector or treasurer applicable 
to the payment of teachers' wages, or if there is not a 
sufficient amount in the hands of either or all such 
officers to enable the trustees to pay the teachers' wages 
as they fall due, and the district meeting has failed or 
neglected to authorize a tax to pay the same, the trus- 
tees are authorized and empowered, and it is their duty, 
to collect by district tax an amount sufficient to pay the 
wages of such teacher for such term,, but not to exceed 
4 months in advance. (195) 

12. To divide such public moneys apportioned to 
the district, whenever authorized by a vote of their dis- 

(2G3) 



264 Trustees : Public Moneys [Part I 

trict into two or more portions for each year; to assign 
and apply one of such portions to each term during 
which a school shall he kept in such a district, for the 
payment of teachers' wages during such term; and to 
collect the residue of such wages not paid by the pro- 
portion of public money allotted for that purpose, 
by district tax as herein provided. (195) 

13. To draw upon the supervisor, the collector or 
treasurer, when duly qualified to receive and disburse 
the same, for the school moneys, by written orders signed 
by a majority of said trustees as prescribed. (195. 
See 280) 

14. After having paid toward the wages of such 
teachers as are qualified, the public moneys of the dis- 
trict legally applicable thereto, by giving them orders on 
the supervisor, collector or treasurer therefor, to collect 
the residue of such wages by a district tax, or, if the 
same shall have been already collected, to give such 
teacher an order on the collector or treasurer for the bal- 
ance of his wages still remaining unpaid. (195) 

It is a misdemeanor, and punishable as such, for trustees 
to give an order upon the collector or treasurer unless there 
shall be in their hands at the time sufficient money belonging 
to the district to meet the same. (195. Sec 88: 1909, Sec 1871) 

The amount annually appropriated by the legis- 
lature for the support of common schools, constitutes 
the state school moneys, and is divided and appor- 
tioned by the commissioner of education on or before 
Jan. 20 in each year, to be applied exclusively to the 
payment of teachers' wages.' (450) 

Besides the school moneys there are the common 
school fund, the literature fund, and the United 



District] The State Funds 265 

States deposit fund, consisting of all moneys, securities 
or other property in the treasury of the state, or under 
the control of any state officer, and of all debts due 
the state, or real property owned by it, belonging 
to such funds. (80) 

The proceeds of all lands which belonged to the state on 
Jan. 1, 1823, except the parts thereof reserved or appropriated 
to public use, or ceded to the United States, belong to the 
common school fund. (58:1099) 

In case of any diminution of capital belonging to 
the common school fund. United States deposit fund, 
or literature fund, there must be transferred to the 
capital of such fund or funds from the income thereof 
so much as may be necessary to preserve the capital 
inviolate. Of the income of the United States de- 
posit fund, $25,000 is annually added to the capital 
of the common school fund. It is the duty of the 
comptroller at the close of each fiscal year, to trans- 
fer to the general fund the remainder of the income 
of the common school fund. United States deposit 
fund, and literature fund, which together with such 
amounts as may be raised or received by taxation or 
otherwise for educational purposes, constitute the 
education fund, and appropriations therefrom may 
be made annually for the support of the educational 
system of the state, to be apportioned by the com- 
missioner of education in the manner provided by 
law, which apportionment shall be certified by the 
commissioner of education to the comptroller for 
distribution and payment. (58:1909. See page 7.) 

The amount appropriated by the legislature for the support 
and maintenance of the common school system of the state, 



266 Trustees : Public Moneys [Part I 

is payable from the treasury upon the warrant of the comp- 
troller, and the comptroller countersigns and enters all 
checks drawn by the treasurer in payment of his warrants, 
and all receipts of the treasurer for sudi payments paid to 
the treasurer, and no such receipts are evidence of payment 
unless so countersigned (58:1909). See also page 335. 

On or before Jan. 20 of each year the commissioner 
of education 

a. Sets apart for a contingent fund not more than 
$10,000. (451) 

b. Apportions to each city and to each union 
school district which has a population of 5,000 and 
which employs a superintendent of schools S800. 
This is known as a supervision quota. (451) 

c. Apportions to each district having an assessed 
valuation of S20,000 or less, $200; 

d. to each district having an assessed valuation 
of $40,000 or less, $175; 

e. to each district having an assessed valuation 
of $60,000 or less, $150; 

f. to each Indian reservation for each teacher em- 
ployed therein for a period of 32 weeks or more, $150; 

g. to each of the remaining districts and to each 
of the cities in the state, $125. These apportionments 
are known as district quotas. 

h. Apportions to each such district or city for 
each additional qualified teacher and his successors 
by whom the common schools have been taught during 
the period of time required by the school law, $100. 
This apportionment is known as the teacher's quota. 
(451) 



District] Apportionment 267 

Every union free school district and every city having an 
organized city system of schools is, for all the purposes of 
the apportionment, distribution, payment and withholding 
of school moneys, regarded and recognized as a school dis- 
trict. (461) 

Pupils employed to teach, as monitors or otherwise, do 
not entitle to teachers' quota, not being qualified teachers. 

To entitle a district to a district or teacher's quota 
a qualified teacher or successive qualified teachers 
must have actually taught the common schools of the 
district for at least 160 days of school inclusive of legal 
holidays that may occur during the term of said 
school and exclusive of Saturdays. (452) 

Where there has been a change of teachers, a succession 
of qualified teachers entitles the school to its distributive 
quota. 

No Saturday is counted as part of said 160 days of school 
and no school may be in session on a legal holiday except 
Washington's birthday and Lincoln's birthday. (452) 

The following are the legal holidays in New York. If a 
holiday comes on Sunday, the day following is a legal holiday. 
Jan. 1 May 30 Oct. 12 Dec. 25 

Feb. 12 July 4 Nov. ?t 

Feb. 22 Sept. ?* Nov. ?** 

* The first Monday in September, Labor day. 

t The first Tuesday. General election day. 

**UsualIy the last Thursday, Thanksgiving. (G. C. L. Sec. 24) An- 
niversary day, usually the 1st Thursday in June is a holiday in the public 
schools of Brooklyn (446: 1901) 

A deficiency not exceeding 3 weeks during any 
school year caused by a teacher's attendance upon a 
teachers' institute within a county, will be excused 
by the commissioner of education. (452) 

All schools in school districts and parts of school districts 
within any school commissioner district wherein an institute 
is held, not included within the boundaries of an incorporated 



268 Trustees: Public Moneys [Part I 

city, except as provided, must be closed during the time 
such institute is in session. The closing of a school within 
the school commissioner district wherein an institute shall 
be held, at which a teacher has attended, does not work a 
forfeiture of the contract under which such teacher was 
employed. (623) 

In all districts having a population of more than 5000. and employing 
a superintendent whose time is exclusively devoted to the supervision of 
the schools therein, the schools may be closed or not at the option of the 
boards of education in such districts. (623) 

The trustees of every school district are hereby directed 
to give the teachers employed by them, the whole of the 
time spent by them in attending at institutes held as herein- 
before stated, without deducting anything from the wages 
of such teachers for the time so spent. All teachers under a 
contract to teach in any commissioner district must attend 
such institute so held for that district, and will receive wages 
for such attendance (623). See page 110. 

In the apportionment of public school money, the schools 
thus closing in any school term are allowed the same average 
attendance during such time, as was the average weekly 
aggregate during the week previous to such institute. (624) 
Any school continuing its sessions in violation of the above provision 
will not be allowed any public money based upon the aggregate attendance 
for the period during which the institute was held. Trustees and boards 
of education in such school districts and parts of .school districts must re- 
port, in their annual reports to the school commissioners, the number of 
days and the dates thereof on which a teachers' institute was held in their 
districts during the school year, and whether schools under their charge 
were or were not closed during such days; and whenever the trustees' re- 
port shows a district school has been supported for the full time required by 
law, including the time spent by the teachers in their employ in attendance 
upon such institute, and that the trustees have given the teachers the time 
of such absence, and have not deducted anything from their salary on ac- 
count thereof, the commissioner of education may include the district in 
his apportionment of the state school moneys, and direct that it be in- 
cluded by the school commissioners in their appointment of school moneys; 
provided, that such school district be in all other respects entitled to be 
included in such apportionment. (624) 

When a district has contracted,' with another dis- 
trict to instruct its children and the period of such 



District] Apportionment 269 

contract or the period of such contract together with 
the time school is actually taught in said district has 
amounted to at least 160 days and the contract in- 
cludes all the children of school age in said district, 
the district is entitled to receive one distributive 
district quota. (600) 

If said district maintains a home school and contracts 
for a part only of the children, it is entitled to one teacher's 
quota in addition to its district quota for not less than 12 
pupils attending under such contract ; but in no instance 
may any school district receive a greater apportionment 
than the total expense incurred in payment of tuition and 
transportation of pupils as shown by the report of the trustee 
to the school commissioner. (600) 

The commissioner of education apportions to a school dis- 
trict which has failed to maintain school for the legal term or 
which has employed an extra teacher for a shorter period than 
the law requires to entitle the district to a full quota such a 
part of a district or teacher's quota as seems to him equitable 
when the reason for such failure is in his judgment sufficient to 
warrant such action, paid from the contingent fund. (451) 

Whenever the share of school moneys or any portion 
thereof, apportioned to any town or school district, 
or any money to which a town or school district would 
have been entitled, is lost, in consequence of any wil- 
ful neglect of official duty by any school commissioner, 
town clerk, trustees or clerks of school districts, the 
officer guilty of such neglect forfeits to the town, or 
school district so losing the same, the full amount of 
such loss with interest thereon. (505) 

All errors in the apportionment whether made by the 
commissioner of education or by the school commissioner 
are corrected by the commissioner of education. (451) 

Whenever a school distiict has been apportioned less money than that 
to which it is entitled the commissioner of education may allot to such 
district the balance to which it is in his judgment entitled and the same is 



270 Trustees: Public Moneys [Part I 

paid from the contingent fund. Whenever a school district has been ap- 
portioned more money than that to which it is entitled the commissioner 
of education may, by an order under his hand, direct such moneys to be 
paid back into the hands of the county treasurer by him to be credited to 
the school fund, or he may deduct such amount from the next apportion- 
ment to be made to said district. (451) 

He apportions to each separate neighborhood which has 
duly reported such fixed sum as will in his opinion be equit- 
ably equivalent to its portion of all the state school moneys 
upon the basis of distribution established; such sum to be 
payable out of the contingent fund. (451) 

As soon as possible after the making of any annual 
or general apportionment, the commissioner of ed- 
ucation certifies it to the county clerk, county treas- 
urer, school commissioners and city treasurer or 
chamberlain, in every county in the state; and if it 
be a supplemental apportionment, then to the county 
clerk, county treasurer and school commissioners of 
the county in which the school-house of the district 
concerned is situate. (456) 

At least one-half of the moneys so annually apportioned 
by the commissioner of education is payable on or before 
the succeeding March 1 and the remaining part on or before 
May 15, to the treasurers of the several counties and the 
chamberlain of the city of New York, respectively; and the 
said treasurers and the chamberlain are to apply for and 
receive the same as soon as payable. (457) 

The school commissioner or commissioners of each 
county proceed at the county seat on the 3d Tuesday 
of March, in each year, to apportion the supervision, 
district, and teachers* quotas to the several districts 
entitled thereto as shown by the certificate of the 
commissioner of education to the school commission- 
er. (458) 

They procure from the treasurer of the county a transcript 
of the returns of the supervisors required, showing the unex- 



District] School Commissioner 271 

pended moneys in their hands applicable to the payment of 
teachers' wages. The amounts in each supervisor's hands 
are charged as a partial payment of the sums apportioned 
to the town teachers' wages. (458) 

They procure from the county treasurer a full list and 
statement of all payments to him of moneys for and on 
account of fines and panalties, or accruing from any other 
source, for the benefit of schools and of the towns or districts 
for whose benefit the same were received. (458) 

Such of said moneys as belong to a particular district, they set apart and 
credit to it; and such as belong to the schools of a town, they set apart and 
credit to the schools in that town, and apportion them together with such 
as belong to the schools of the county for the payment of teachers' wages. 
(458) 

Whenever, by any statute, a penalty or fine is imposed 
for the benefit of common schools, and not expressly of the 
common schools of a town or school district, it is taken to be 
for the benefit of the common schools of the county within 
which the conviction is had; and the fine or penalty, when 
paid or collected, is paid forthwith into the county treasury, 
and the treasurer credits the same as school moneys of the 
county, unless the county comprise a city having a special 
school act, in which case he reports it to the commissioner 
of education, who apportions it upon the basis of population 
by the last census, between the city and the residue of the 
county, and the portion belonging to the city is paid into its 
treasury. (500) 

Every district attorney must report, annually, to the board 
of supervisors, all such fines and penalties imposed in any 
prosecution conducted by him during the previous year ; and 
all moneys collected or received by him or by the sheriff, or 
any other officer, for or on account of such fines or penalties, 
must be immediately paid into the county treasury, and the 
receipt of the county treasurer shall be sufficient and the 
only voucher for such money. (501) 

Whenever a fine or penalty is inflicted or imposed for the 
benefit of the common schools of a town or school district, 
the magistrate, constable or other officer collecting or receiving 



272 Trustees : Public Moneys [Part I 

the same must forthwith pay the same to the county treasurer 
of the county in which the schoolhouse is located, who must 
credit the same to the town or district for whose benefit it is 
collected. If the fine or penalty be inflicted or imposed for 
the benefit of the common schools of a city having a special 
school act, or of any part or district of a city, it must be paid 
into the city treasury. (502) 

Whenever a penalty or fine i? imposed upon any school district officer 
for a violation or omission of official duty, or upon any person for any act 
or omission within a school district, or touching property or the peace and 
good order of the district, and such penalty or fine is declared to be for 
the use or benefit of the common schools of the town or of the county, and 
such school district lies in two or more towns or counties, the town or county 
intended by the act shall be taken to be the one in which the school-house, 
or the school-house longest owned or held by the district, is at the time of 
such violation, act or omission. (.503) 

Where any penalty for the benefit of a school district, or 
of the schools of any school district, town, school commis- 
sioner district or county, shall be incurred, and the officer, 
whose duty it is by law to sue for the same, shall wilfully and 
unreasonably refuse or neglect to sue for the same, such 
officer shall forfeit the amount of such penalty to the same 
use, and it shall be the duty of his successor in office to sue 
for the same. (506) 

The school commissioners sign, in duphcate, a cer- 
tificate, showing the amounts apportioned and set 
apart to each school district and part of a district, 
and the towns in which they were situated, and forth- 
with deliver one of said duplicates to the treasurer of 
the county and transmit the other to the commission- 
er of education. (458) 

They certify to the supervisor of each town the amount 
of school moneys so apportioned to his town for teacher's 
wages, to each such distinct district and part of a district. 
(458) 

On receiving the certificate of the school com- 
missioners, each supervisor makes a copy thereof for 



District] Supervisor 273 

his own use, and deposits the original in the office of 
the clerk of his town ; and the moneys so apportioned 
are paid to him immediately. (459, 483) 

The comptroller may withhold the payment of any moneys 
to which any county may be entitled from the appropriation 
of the incomes of the school fund and the United States 
deposit fund for the support of common schools, until satis- 
factory evidence shall be furnished to him that all moneys 
required by law to be raised by taxation upon such county, 
for the support of schools throughout the state, have been 
collected and paid or accounted for to the state treasurer. 
(460) 

Real and personal estate may be granted, conveyed, 
devised, bequeathed and given in trust and in per- 
petuity or otherwise, to the state, or to the commis- 
sioner of education for the support or benefit of the 
common schools, within the state, or within any part 
or portion of it, or of any particular common schools 
within it; and to any county, or the school commis- 
sioners of any county, or to any city or any board 
of officers thereof, or to any school commissioner dis- 
trict or its commissioner, or to any town, or super- 
visor of a town, or to any school district or its trus- 
tees, for the support and benefit of common schools 
within such county, city, school commissioner dis- 
trict, town or school district, or within any part or 
portion thereof respectively, or for the support and 
benefit of any particular common schools therein. 
(480) 

No such grant, conveyance, devise or bequest will be held 
void for the want of a name of competent trustee or donee, 
but where no trustee or donee, or an incompetent one is named 
the title and trust vests in the people of the state, subject 



274 Trustees: Public Moneys [Part I 

to its acceptance by the legislature, but such acceptance 
shall be presumed. (480) 

The legislature may control and regulate the execution of 
all such trusts; and the commissioner of education will super- 
vise and advise the trustees, and hold them to a regular 
accounting for the trust property and its income and interest 
at such times, in such forms, and with such authentications, 
as he may from time to time prescribe. (481) 

The common council of every city, the board of supervisors 
of every county, the trustees of every village, the supervisor 
of every town, the trustees of every school district, and 
every other officer or person who may be thereto required 
by the commissioner of education must report to him whether 
any, and if any, what trusts are held by them respectively, 
or by any other body, officer or person to their information 
or belief for school purposes, and transmit, therewith, an 
authenticated copy of every will, conveyance, instrument 
or paper embodying or creating the trust ; and, in like manner, 
forthwith report to him the creation and terms of every such 
trust subsequently created. (482) 

Every supervisor of a town must report to the 
commissioner of education whether there be, within 
the town, any gospel or school lot, and, if any, describe 
the same, and state to what use, if any, it is put by 
the town ; and whether it be leased, and, if so, to whom, 
for what term and upon what rents; and whether 
the town holds or is entitled to any land, moneys or 
securities arising from any sale of such gospel or school 
lot, and the investment of the proceeds thereof, or of 
the rents and income of such lots and investments, 
and report a full statement and account of such lands, 
moneys and securities. (483) 

It is lawful for the supervisor of any town having money 
arising from the sale of gospel lands, and known as gospel 



District] Gospel and School Lots 275 

funds, to apportion such among the several school districts 
of his respective town as hereinafter provided. (484) 

Any town having a gospel fund of $500 or less may appor- 
tion such fund with the consent and approval of a majority 
of the town board of such town. Any town having a gospel 
fund of more than $500 may apportion such fund in like 
manner by a vote at any annual or special town meeting. (485) 

Where such apportionment is made, the supervisor must 
pay to the trustees of the several school districts of his town 
its pro rata share according to the aggregate school attend- 
ance of each school district in the preceeding year. (486) 

The trustees of such school district must execute and file 
with the supervisor of such town a bond of twice the amount 
of such apportionment, with sufficient sureties, to be approved 
by such supervisor. (487) 

Such trustees, upon the receipt of such money, must apply 
the same for such purpose as the school district in annual or 
special meeting may decide. (488) 



CHAPTER XXII 
Trustees: Miscellaneous 

17. To provide for building fires and cleaning the 
school-rooms, and for janitor work generally in and 
about the school-houses, and pay for such service such 
reasonable sum as may be agreed upon therefor. (196) 

18. To provide the bound blank-books for the enter- 
ing of their accounts and the keeping of the school-lists , 
the records of the district and the proceedings of district 
and trustee meetings. 

19. To procure a bound blank book for the district and, 
when necessary, another in its place. In it, at or before 
each annual district meeting, to enter at large and 
sign a statement of all movable property belonging 
to the district, and their accounts of all moneys received 
or drawn by them, and to deliver this book to their 
successors. (197) 

15. To keep each of the school-houses under their 
charge, and its furniture, school apparatus and apur- 
tenances, in necessary and proper repair, and make 
the same reasonably comfortable for use, but not at an 
expense exceeding $50 in any one year, except by a 
vote of the district. (196) 

They may be required by the school commissioner 
to alter, repair, or add to furniture to the extent of 
$100 in any one year. (313) 

16. To make any repairs and abate any nuisances, 
pursuant to the direction of the school commissioner, 
and to provide fuel, stoves or other heating apparatus, 

(876) 



District] Issuing Bonds 277 

pails, brooms and other implements necessary to keep 
ths school-houses and the school-rooms clean, and make 
them reasonably comfortable for use, when no provision 
has been made therefor by a vote of the district, or the 
sum voted by the district for said purposes proves in- 
sufficient. (196) 

They may be required by the school commissioner 
to make alterations or repairs on schoolhouse or out- 
buildings to the extent of $200 in any one year, and 
to abate any nuisance when it can be done at an ex- 
pense not exceeding $25. (313) 

20. Whenever a tax has been voted to be collected 
in instalments the trustees are authorized to borrow 
so much of the sum voted as may be necessary at a rate 
of interest not exceeding 6% and to issue bonds or other 
evidences of indebtedness therefor, which become a charge 
upon the district to extend not beyond 20 years, and to 
be paid at maturity, and which shall not be sold below 
par. (430) 

Notice of the time and place of the sale of such bonds must 
be given by the trustees or board of education at least 10 
days prior thereto by publication twice in two newspapers, 
if there be two, or in one newspaper if there be but one 
published in such district. But if no newspaper shall then 
be published therein, the said notice shall be posted in at 
least 10 of the most public places in said district 10 days 
before the sale. (430) 

It is the duty of the trustees or the persons having charge 
of the issue or payment of such indebtedness, to transmit a 
statement thereof to the clerk of the board of supervisors of 
the county in which such indebtedness is created, annually, 
on or before Nov. 1. (430) 



278 Trustees : Miscellaneous [Part I 

21. To expend in the purchase of dictionary, books, 
maps, globes or other school apparatus, a sum not ex- 
ceeding $25 in any one year. (196; 229) 

An annual allowance for approved books, geographi- 
cal maps, and a globe is made to each district of 
$18 and $2 for each qualified teacher, making the 
minimum appropriation to each district $20. (453) 

But this is allowed only when the district supplies 
an equal amount for the purpose. 

Charts may not be purchased under this provision. They 
are not school furniture. (46 N E 832) 

Books are not to be regarded as school apparatus. (57 
Am St 847, 17 Ind A 375) 

It is a misdemeanor for any employee, agent or 
representative of a firm, company or corporation en- 
gaged in selling, publishing or manufacturing papers, 
periodicals, books, maps, charts, school supplies, ap- 
paratus or furniture, or any other person engaged or 
employed in such business to falsely represent to a 
board of trustees or board of education of a school 
district or to a teacher employed in a public school in 
this state or to a superintendent of schools or other 
school officer that he is an agent, employee, or rep- 
resentative of the commissioner of education, the 
state education department, the regents of the uni- 
versity of the state of New York, or of any other 
school officer. (504) 

Trustees have been regarded as easy prey by itinerant 
agents, who secure signatures to orders and disappear. 
They should be careful to deal only with responsible firms or 
their known representatives. 



District] Maps and Globes 279 

22. To establish temporary or branch schools when- 
ever it is necessary for the due accommodation of the 
children of the district. (196) 

This may be by reason of any considerable number of child- 
ren residing in portions of the district remote from the school- 
house, thereby rendering it difficult for them in inclement 
weather in winter to attend school at such school-house, or 
by reason of the room or rooms in said school-house being 
overcrowded, or because for any other sufficient reason the 
due accommodation of such children can not be made in 
said school-house. Such schools must be opened in such 
places as will best accommodate such children. They may 
hire any rooms for the keeping of said temporary or branch 
schools, and fit up and furnish said rooms in a suitable 
manner for conducting such schools therein. Any expendi- 
ture made or liability incurred in pursuance of this section 
is a charge upon the district. (196; 186 111 331) 

23. To take a census oh Aug. 30 of all children in 
the district between the ages of 5 and 18, with their resi- 
dences and employments. (1002) 

24. To purchase a United States flag, flag-staff 
a'nd the necessary appliances therefor, and to display 
such flag upon or near the public school building during 
school hours, and at such other times as such school 
authorities may direct, establishing rules and regulations 
for its proper custody, care and display, and when the 
weather will not permit it to be otherwise displayed, 
causing it to be placed conspicuously in the principal 
room in the school-house. (700-1) 

The commissioner of education prepares for the use of 
the public schools of the state, a programme providing for 
a salute to the flag at the opening of each day of school and 
such other patriotic exercises as may be deemed by him to be 
expedient, under such regulations and instructions as may 
best meet the varied requirements of the different grades 



280 Trustees : Miscellaneous [Part I 

in such schools. He aslo makes special provision for the 
observation in such public schools of Lincoln's birthday, 
Washington's birthday, Memorial day and Flag day, and 
such other legal holidays of like character as may be hereafter 
designated by law, but nothing herein contained must be 
construed to authorize military instruction or drill in the 
public schools during school hours. (702, 3) 

The principal or superintendent of any public 
school or any person designated for that purpose by 
the board of education or other school authority, 
once a week, or from time to time, small amounts of 
savings from the pupils of said school, the same to be 
deposited by said principal or superintendent or des- 
ignated person on the day of collection in some savings 
bank in the state or, in villages and, cities in which 
there is no regularly established savings bank, in any 
savings and loan association, trust company, state or 
national bank, located in the state and having an in- 
terest department. (497:1909) 

The moneys shall be placed to the credit of the respective 
pupils from whom the money shall be collected, or if the 
amount collected at any one time shall be deemed insufficient 
for the opening of individual accounts, in the names of said 
principal or superintendent or designated person, in trust, 
and to be by him eventually transferred to the credit of the 
respective pupils to whom the same belongs. In the mean- 
time, said principal or superintendent or designated person 
must furnish to the bank a list giving the names, signatures, 
addresses, ages, places of birth, parents' names and such other 
data concerning the respective pupils as the savings bank 
may require, and it shall be lawful to use the words "system 
of school savings banks" or "school savings banks" in circu- 
lars, reports and other printed or written matter used in 
connection with the purposes of this section. (497:1909) 



District] Reports 281 

25. To fill any vacancy in the office of clerk, collector 
or treasurer, by appointment. (149, 151) 

The appointees hold their respective offices until the next 
annual meeting of the district, and until others are elected 
and take their places. (149, 151) 

26. To make Aug. 1 to the school commissioner a 
report in writing for the year ending on July 31. (198) 

In every case the trustees must sign and certify to 
said report and deliver it to the clerk of the town in 
which the school-house of the district is situated; 
and every such report must certify : 

a. The whole time an}^ school has been kept in their dis- 
trict during the year ending on the day previous to the date 
of such report, distinguishing what portion of the time such 
school has been kept by qualified teachers, and the whole 
number of days, including holidays, in which the school was 
taught by qualified teachers. (198) 

b. The amount of their drafts upon the supervisor, collec- 
tor, or treasurer for the payment of teachers' wages during 
such year, and the amount of their drafts upon him for the 
purchase of books and school apparatus during each year, 
and the manner in which svxch moneys have been expended 
(198) 

c. The number of children taught in the district school 
during such year by qualified teachers, and the sum of the 
days' attendance of all such children upon the school. (198) 

d. The number of children residing in their district, over 
5 and under 18 years of age who were on June 30 actually 
in the district, comprising a part of the family of their par- 
ents or guardians or employers. (198) 

e. The number of vaccinated and unvaccinated children of 
school age in their respective districts. (198. See page 174.) 

/. The amount of money paid for teachers' wages, in ad- 
dition to the public money paid therefor, the amount of 
taxes levied in said district for purchasing school-house sites, 



282 Trustees : Miscellaneous [Part I 

for building, hiring, purchasing, repairing and insuring 
school-houses, for fuel, for school libraries, or for any other 
purpose allowed by law, and such other information in re- 
lation to the schools and the district as the commissioner of 
education may, from time to time, require. (198) 

Where a school district lies in two or more counties, its trustees make 
such an annual report for each part of it lying in a different county, and 
file each in the office of the clerk of the town in which the part of the dis- 
trict to which it especially relates lies; and such report must be in the form 
and contain all such special matters as the commissioner of education from 
time to time prescribes. (199) 

27. To render once in each year to the district, at 
its annual meeting, a just, full and true account in 
writing, under their hands, of all moneys received by 
them respectively for the use of the district, or raised 
or collected by taxes, the preceding year, and of the man- 
ner in which the same has been expended. (200, 241, 
341) 

This must show to which of them an unexpended balance, 
or any part thereof, is chargeable; and all drafts or orders 
made by them upon the supervisor, collector, treasurer or 
other custodian of moneys of the district ; and a full statement 
of all appeals, actions or suits and proceedings brought by 
or against them, and of every special matter touching the 
condition of the district. (200) 

By a wilful neglect or refusal to render such account, a 
trustee forfeits any unexpired term of his office, and becomes 
liable to the trustees for any district moneys in his hands. 
(201) 

A person who, wilfully and unlawfully removes, mutilates, 
destroys, conceals, or obliterates a record, map, book, paper, 
document, or other thing, filed or deposited in a public office 
or with any public officer by authority of law, is punishable 
by imprisonment for not more than 5 years, or by a fine of 
not more than $500, or by both. (88: 1909, Sec. 2050) 

A person who, with intent to defraud or to conceal any 



District] Reports 283 

larceny or misappropriation by any person of any money or 
property : 

1. Alters, erases, obliterates, or destroys an account, book 
of accounts, record, or writing, belonging to, or appertaining 
to the business of, a corporation, association, public office or 
officer, partnership, or individual, or, 

2. Makes a false entry in any such account or book of ac- 
counts ; or, 

3. Wilfully omits to make true entry of any material par- 
ticular in any such account or book of accounts, made, writ- 
ten, or kept by him or under his direction, 

Is guilty of forgery in the third degree. (88: 1909, Sec. 
889) 

An outgoing trustee must forthwith pay, to his successor 
or any other trustees of the district in office, all unexpended 
moneys in his hands belonging to the district. (202) 

The trustees in office must sue for and recover any district 
moneys in the hands of any former trustee, or of his personal 
representatives, and apply them to the use of the district. 
(203) 

If any portion of the moneys apportioned to the district 
shall not be paid by the supervisor, the collector or treas- 
urer, upon the due requirement of the trustees, they shall 
forthwith notify the treasurer of the county and the com- 
missioner of education of the fact. (204.) 

A public officer, or deputy, or clerk of any such officer, and 
any other person receiving money on behalf of, or for account 
of the people of this state, or of any department of the gov- 
ernment of this state, or of any bureau or fund created by 
law, and in which the people of this state are directly or in- 
directly interested, or on account of any city, county, village 
or town, who 

1. Appropriates to his own use, or to the use of any person 
not entitled thereto, without authority of law, any money 
so received by him as such officer, clerk or deputy, or other- 
wise, or, 

2. Knowingly keeps any false account, or makes any false 



284 Trustees : Miscellaneous [Parti 

entry or erasure in any account of, or relating to, any money 
so received by him, or 

3. Fraudulently alters, falsifies, conceals, destroys or ob- 
literates any such account; or, 

4. Wilfully omits or refuses to pay over to the people of 
this state or their offices or agent authorized by law to re- 
ceive the same, or to such city, village, county or town, or 
the proper officer or authority empowered to demand and 
receive the same, any money received by him as such officer, 
when it is his duty imposed by law to pay over, or account 
for, the same. 

Is guilty of a felony. (88: 1909, Sec. 1865) 
Any such officer or other person who wilfully disobeys any 
provision of law regulating his official conduct, in cases other 
than those thus specified is guilty of a misdemeanor, punish- 
able by a fine not exceeding $1000, or imprisonment not ex- 
ceeding 2 years, or both. (88: 1909, Sec. 1866) 

When trustees are required or authorized by law, or by a 
vote of their district, to incur any expenses for such district, 
and when any expenses incurred by them are made, by ex- 
press provision of law, a charge upon such district, they may 
raise the amount thereof by tax in the same manner as if the 
definite sum to be raised had been voted by a district meet- 
ing. (206) 

Whenever the trustees of any school district, or any 
school district officers, are instructed by a resolution 
of the district, at a meeting called for that purpose, 
to defend any action brought against them, or to 
bring or defend an action or proceeding touching any 
district property or claim of the district, or involving 
its rights or interests, or to contintie any such action 
or defence, all their costs and reasonable expenses, 
as well as all costs and damages adjudged against 
them, are a district charge and must be levied by 
tax. (508) 



District] Legal Proceedings 285 

Whenever such trustees or any school district officer 
has brought or defended any such action or proceed- 
ing, without any such resolution of the district meet- 
ing, and after the final determination of such suit or 
proceeding, presents to any regular meeting of the 
inhabitants of the district, an account, in writing, of 
all costs, charges and expenses paid by him or them 
with the items thereof, and verified by his or their 
oath or affirmation, and a majority of the voters at 
such meeting so direct, it is the duty of the trustees 
to cause the same to be assessed upon and collected of 
the taxable property of said district, in the same 
manner as other taxes are by law assessed and col- 
lected; and, when so collected, the same must be paid 
over, by an order upon the collector or treasurer to 
the officers entitled to receive the same; but this pro- 
vision does not extend to suits for penalties, nor to 
suits or proceedings to enforce the decisions of the 
commissioner of education. If a majority refuse, 
the officer may appeal to the county judge. (509-12) 

In any action against school officers, including supervisors 
of towns, in respect to their duties and powers under this 
chapter, for any act performed by virtue of or under the 
color of their offices, or for any refusal or omission to perform 
any duty enjoined by law, and which might have been the 
subject of an appeal to the commissioner of education, no 
costs shall be allowed to the plaintiff, in cases where the court 
shall certify that it appeared on the trial that the defendants 
acted in good faith. But this provision shall not extend to 
suits for penalties, nor to suits or proceedings to enforce the 
decisions of the commissioner. (507) 

If the amount claimed by them be disputed by a district 
meeting, it must be adjusted by the county judge of any 



286 Trustees : Miscellaneous [Part I 

county in which the district or any part of it is situated. 
(508) 

An action or special proceeding may be maintained, by 
the trustee or trustees of a school district, upon a contract, 
lawfully made with those officers or their predecessors, in 
their official capacity; to enforce a liability created, or a duty 
enjoined, by law, upon those officers, or the body represented 
by them ; to recover a penalty or a forfeiture, given to those 
officers, or the body represented by them ; or to recover dam- 
ages for an injury to the property or rights of those officers 
or the body represented by them; although the cause of ac- 
tion accrued before the commencement of their term of office. 
(302: 1897) 

An action or special proceeding may be maintained against 
trustees, upon any cause of action which accrues against 
them, or has accrued against their predecessors, or upon a 
contract made by their predecessors in their official capacity, 
and within the scope of their authority. (302: 1897) 

An execution may be issued upon a judgment for a sum 
of money against the trustee or trustees of a school district, 
and such execution may be issued against and be collected 
out of the property of such officers. (302: 1897; sec 96, 
404, 508, 509) 

Trustees have power to control an action in behalf of the 
district in the same manner as an individual. (99 Pac 620) 



CHAPTER XXIII 

Teachers' Certificates 

The following regulations were adopted by the 
board of regents, June 17, 1909. 
Certificates Valid in School Commissioner Districts 

This summary of the different kinds of certificates granted 
shows how complicated is our system of licenses. Few school 
officers understand the scope of the different forms of cer- 
tificates, so that this list as arranged should be studied care- 
fully. 

For school districts maintaining academic depart- 
ments. 

a college graduate life 

b college graduate limited 

c college professional life 

d college professional provisional 

These four forms of college graduate certificates are ex- 
plained on page 309. College graduates should be sure they 
understand the requirements. 

e state Ufe 

/ state limited 

g normal diploma 

h temporary normal certificate 

* special certificate 

y firs tgradecertificate 

k training school certificate 

/ training class certificate (issued previous to 

August 1, 1906) 

(287) 



288 Teachers' Certificates [Part I 

This distinction in training class certificates is important. 
Many holders of these certificates are taking the examina- 
tions continued until Aug., 1910, to transpose them into first 
grade certificates, one of our most valuable forms of license. 

m in primary and grammar grades - -training class 
certificate issued subsequent to August 1, 1906. the 
holder of which entered training class on academic 
diploma and in addition has had 3 years^ successful 
experience in teaching. 

n temporary license 

For all other school districts 

a all certificates enumerated above 

b rural renewal certificate 

c training class (issued subsequent to August 1. 
1906) 

d academic certificate 

e elementary certificate 

It will be observed that the entrance to teaching in rural 
schools is now on more liberal terms than ever before, but it 
will be seen later that to continue to teach, there must be 
study and progress. 

Certificates Valid in Cities 
Primary and grammar grades 

It is perhaps an anomaly that the requirements for pri- 
mary and grammar grades are more severe than for high 
schools. The mere fact that one is a college graduate makes 
him eligible for a high school, while for a city grammar school 
there must be also professional training or experience. But 
few college graduates seek places in the grades, and these 
few will do so much better work to have had professional 
training that the requirement is for their interest as well as 
for that of the school. 



District] Where Valid 289 

a college graduate life 

b college professional life 

c college professional provisional 

d state life 

e state limited 

/ normal diploma 

g temporary normal certificate 

h special certificate 

i first grade certificate 

; training school certificate 

k Graining class (issued previous to August 1, 1906) 

/ training class certificate issued subsequent to 
August 1, 1906, the holder of which entered training 
class on academic diploma and in addition has had 3 
years successful experience in teaching. 

m temporary license 

High schools 

a all certificates enumerated above 

b college graduate limited 

(These regulations apply to all cities in the state 
except Albany, Buffalo, Jamestown and New York. 
In these cities certificates are issued under rules 
prescribed by the local authorities, but the require- 
ments as to minimum requirements in primary and 
grammar grades must be satisfied.) 

These four cities are the only ones that have not given up 
their rights under their charters to grant local certificates. 
They must, however, satisfy the conditions of above for the 
primary and grammar grades. 

General Rules 

All certificates issued for a limited period are so 
written as to expire on July 31. 



290 Teachers' Certificates [Part I 

This prevents the expiration of a certificate during the 
school year, and enables contracts to be made for the entire 
school year. Under the old rules elementary and academic 
certificates were issued Jan. 1 and Aug. 1. 

b When conditions require it, a certificate may be 
issued upon soniie other date than August 1. But when 
a certificate is issued on such other date, it must be 
issued for the remaining period for which it 
would have been valid had it been issued on August 1 
preceding the date on which it was issued. 

c The principle stated in a and b is applied to the 
renewal and the extension of all certificates. 

d No substitutions are allowed for any subject 
required for any certificate other than the elementary 
and the first grade. For these two certificates, sub- 
stitutions may be allowed as follows : 

(1) Advanced arithmetic for arithmetic 

(2) Physical geography for geography 

(3) 2d, 3d, or 4th year English or EngHsh three 
years for 1st year English. 

(i) American history with civics for both elementa- 
ry U. S. history and civics. 

(5) Intermediate or advanced algebra for algebra 

(6) Biology for physiology and hygiene 

(7) Advanced drawing general for drawing 

(8) Psychology for history of education 

The reason these substitutions are allowed is because some 
teachers have already prepared themselves in the subjects 
substituted under the old requirements. 

e School commissioners and city superintendents 
may in their discretion exact a higher standing in 
examinations and give supplementary examinations 



District] General Rules 291 

in the subjects required for a certificate of any grade 
they issue. They may also for sufficient reasons 
refuse to issue any certificate even though the educa- 
tional requirements have been fully met. 

It will be noticed that this permission is limited to the cer- 
tificates they issue. It does not apply to the state certificates 
issued by the commissioner of education, which are a license 
to teach in any school in the state. 

Illinois permits boards of education to hold a supplemeatary examina- 
tion. (31 111 A 386) 

This provision has been affirmed in the court of appeals. 
The action was brought by George Stinson, who claimed 
$13,284 salary due him for service in the New York city pub- 
lic schools from March 12, 1890, to March 12, 1898. He had 
received on July 16, 1883, a certificate from the state super- 
intendent of public instruction, and after examination by 
the local authorities a license to teach in the grammar schools 
granted by Sup't Jasper, limited in duration to 6 months. 
At the expiration of this term the license was renewed for 
periods of 6 months, but on March 12, 1890, the board of 
education declined to renew the license and the principal of 
the school physically prevented him from continuing his work. 
He appealed to the state superintendent, who decided that 
the refusal of the local board to comply was illegal, the state 
certificate being a sufficient qualification. Mr. Stinson then 
applied to the supreme court for a mandamus, which was 
denied on the ground that there was no compulson used to 
force Stinson to accept a license, and that he voluntarily 
chose to serve under the terms proffered, thus making a 
voluntary contract with the board of education, the benefi- 
cial part of which he accepted, but desired to reject that 
part of the contract which definitely terminated his employ- 
ment. He then carried the case to the court of appeals, 
which ruled against him, but suggested that if he had a 
remedy it was by an action for salary, which would test the 
question. 

In the action so brought the court of appeals ruled as 



292 Teachers' Certificates [Part I 

follows: "His provisional certificate had expired before he 
was employed. The appellate division, in reversing upon the 
facts, is presumed to have held upon the conflicting evidence 
that it was not renewed. If it had been renewed the only- 
effect that could be given to it, in view of his having a state 
certificate, would be to support the inference that he con- 
tracted for employment with reference to its limited term. 
This inference is not here permissible. 

"The plaintiff's employment was subject to no other limit 
of time than the power of removal for cause, vested in the 
defendent and its officers, and the power of the state super- 
intendent to revoke his state license. The plaintiff was 
discharged without right or cause, and is entitled to recover. 

"The appeal might be dismissed, but as we do not think a 
new trial, pursuant to the order of the appellate division, 
necessary, we conclude to affirm, thus giving effect to the 
defendant's stipulation for judgment absolute." 

So in California, where a normal diploma is a state license. 

A rule of a county board of education that normal school 
graduates must have had one year's experience to entitle 
them to certificates higher than primary grade is illegal. (49 
Pac 579) 

Elementary Certificate 

This is for persons who are not high school graduates, the 
idea being here as all through these regulations to make it 
possible for any person to become a teacher without the re- 
quirement that he shall have attended any particular school. 
Advantage is very properly given to high school graduates 
holding regents diplomas, in that the mere fact of their hold- 
ing such credentials permits them to begin teaching without 
a special examination; but no person is kept from teaching 
because he has not had opportunity to complete high school 
work. 

A candidate for an elementary certificate shall be 
required to pass an examination in each of the fol- 
lowing preliminary subjects : 



District] Elementary Certificate 293 

writing geography 

spelling elementary U. S. history 

arithmetic with civics 

and in each of the following academic subjects : 

1st year English 

physiology and hygiene 

drawing 

Reading is no longer named as a subject of examination. 

Examinations in the preliminary subjects required 
for an elementary certificate are based on the Ele- 
mentary Syllabus; those in the academic subjects on 
the Academic Syllabus. 

A minimum standing of 75 per cent on each sub- 
ject must be attained. 

A candidate for an elementary certificate may 
combine standings earned in 4 consecutive examina- 
tions, but in no more than 4. All such examinations 
must have been taken by him subsequent to his 16th 
birthday. 

This allows 16 months for completing the examination. 
The old regulations allowed one year. 

Examinations for an elementary certificate are held 
in January, June and August of each year. 

The January and June examinations may be held in all 
regents academic schools, and in such other places as school 
commissioners with the approval of the education depart- 
ment from time to time designate. The August examination 
may be held at such places only as school commissioners 
designate under like approval. 

No previous experience in teaching is required. 
An elementary certificate is valid only in the par- 
ticular school district for which it issued or or made 



294 Teachers' Certificates [Part I 

valid by the school commissioner, which shall be a 
school district not maintaining an academic depart- 
ment. 

Much is left to the judgment of the school commissioner, as 
a teacher might be able to control a small school who would 
be entirely at a loss in a larger school. 

An elementary certificate is issued for a term of 
two years. 

Only one elementary certificate is issued to any one 
person. 

An elementary certificate may be extended one 
year for each 8 academic counts earned while it is in 
force in subjects not already passed when the certifi- 
cate was issued. 

This illustrates the principle on which all these regulations 
are based, that it shall be easy to begin teaching and easy to 
continue if the teacher has the right spirit and will show that 
he wants to grow and improve his work. The requirement 
is light, reduced from 18 counts in the old regulations to 8, 
but it is a requirement. The young teacher must feel that 
there is no standing still; he must keep pressing forward, 
or give way to some one who will. Under the old rules this 
certificate could be extended only one year for each year of 
academic work completed while it was in force, thus com- 
pelling the holder to attend a high school the second year. 
The new regulations do not compel attendance at any in- 
stitution : they ask only that the work be done, and thus give 
opportunity for home study, correspondence school work, 
etc. 

While examinations may be taken at any appointed 
time and place, an elementary certificate is issued 
only after the candidate has made an engagement to 
teach, approved by the school commissioner having 
jurisdiction. 



District] Elementary Certificate 295 

But a person entitled to an elementary certificate, though 
such certificate has not yet been issued, is legally qualified 
to contract by presenting a formal statement from the 
school commissioner having jurisdiction showing that such 
person is entitled to this certificate, and certifying that such 
certificate will be issued when a contract has been made with 
the trustee of some district designated in such statement 
of the school commissioner. 

Academic Certificate 

A candidate for an academic certificate must have 
completed a four year high school course and must 
have earned a regents academic diploma. 

This applies to high school graduates holding regents di- 
plomas, the concession already made to college graduates, 
that the liberal examinations their school course required 
shall be accepted as proof that they have sufficient character 
and discipline and knowledge to begin work in a district 
school. If their regents diploma does not mean as much 
as this there is something wrong with the school system ; 
and their last and most trying year in school will not be com- 
plicated by requiring them to have special examinations 
for a teacher's certificate in sttbjects they have already been 
examined in under the regents. Of course this applies to 
graduates of private schools. Catholic schools, and all insti- 
tutions under the regents, who hold the regents dipoma. 

Examinations for an academic certificate can be 
taken only in January and June and as they are 
reached in the course of study pursued by the can- 
didate and can be taken only at high schools and 
academies. 

- This certificate is not issued on the basis of examinations 
alone, as it is provided only for those who have regularly 
pursued a full course in the high schools and academies of 
this state. 



296 Teachers' Certificates [Part I 

No previous experience in teaching is required. 

A certificate of this grade is valid only in the 
particular school for which it is issued or made valid 
by the school commissioner, which shall be a school 
not maintaining an academic department. 

An academic certificate is issued for a term of two 
years . 

The term of the old academic certificate was 3 years. 

Only one academic certificate shall be issued to any 
one person. 

An academic certificate may be extended one year 
for each 18 counts obtained in examinations for life 
state certificates and earned while it is in force in 
examinations for the life state certificate, but not 
for counts earned in regents examinations, which 
shall not be applied for extension of this certificate. 

Here again the requirement for progress is illustrated. The 
high school graduate holding a regents diploma may begin 
teaching because he holds it, but he cannot continue to teach 
unless he keeps increasing his fitness for teaching. He must look 
forward to a state certificate, the highest credential granted. 
Only 18 counts each year are required, but these are required, 
and in the end the teacher will have a life certificate good in 
every school in the state. The time for him to begin to try 
for a state certificate is while he is fresh from the study of 
academic subjects. 

An academic certificate is issued only after the 
candidate has made an engagement to teach, approved 
by the school commissioner having jurisdiction. 

But a person entitled to an academic certificate, though 
such certificate has not yet been issued, is legally qualified 
to contract by presenting a formal statement from the school 
commissioner having jitrisdiction showing that such person 



District] Academic Certificate 297 

is entitled to this certificate and certifying that such certifi- 
cate will be issued when a contract has been made with the 
trustee of some district designated in such statement of the 
school commissioner. 

Rural Renewable Certificate 

To be issued in January 1910 aiid thereafter 

This is a wholly new certificate, and will prove a most use- 
ful one. It corresponds for the rural schools with the state 
certificate for all schools, requiring 3 years experience, and 
good for life in any school not maintaining an academic de- 
partment. By comparing the subjects required with those 
for the state certificate on page 305 it will be seen that they are 
the same except that the rural renewable certificate does not 
call for English grammar, composition, literature, a foreign 
language, geometry, physics, chemistry or physical geog- 
raphy, botany or geology, while it does require nature 
study and agriculture not called for in the examinations for 
state certificate. It is also unlimited in the number of trials, 
while only 4 consecutive trials are allowed for a state cer- 
tificate. 

In this certificate every inducement is offered to rural 
teachers to secure a certificate that will be final, and leave 
them all the rest of their life free to teach without further 
examinations. It places this desired end within the reach 
of teachers who could never hope to secure a state certificate, 
and will always teach in schools for which this certificate is 
sufficient. 

A candidats tor a rural renewable certificate shall 
be required to pass subsequent to his 16th birthday a 
written examination in each of the following subjects: 
penmanship 1st year English history of education 
spelling algebra school management 



298 Teachers' Certificates [Part I 

arithmetic physiology and methods of teaching 
geography hygiene school law 

nature study and 

agriculture 
drawing 

American history 
with civics and 
one other sub- 
ject from the 
history group 
of academic 
studies 

The examinations in nature study and agriculture, 
history of education, school management, school law 
and methods of teaching are based on the Training 
class syllabus in these subjects. The other examina- 
tions are based on the Elementary and on the 
Academic syllabus. 

A minimum standing of 75 per cent is required in 
each subject. 

No limit is placed upon the number of trials a 
candidate may have for a rural renewable certificate 
and it need not be required that the subjects be passed 
within a limited period of time. 

Examinations in the regular regents subjects may, by 
arrangement with the principal, be taken in January and 
June at any academic school ; in August they may be taken 
at the places designated by the school commisioner. In all 
other subjects, examinations will be offered in January and 
June at each school conducting a training class and at any 
other academic school properly designated by the school 
commissioner. 



District] Rural Renewable Certificate 299 

Examinations in all of the required subjects are 
given in January, June and August. 

A candidate must have taught successfully for at 
least three years to be eligible for a rural renewable 
certificate. 

A rural renewable certificate is valid in any school 
not maintaining an academic department. 

It is issued for a term of 10 years. 

Upon its expiration, from time to time, a rural 
renewable certificate held by a teacher who has 
taught under it successfully for a period of 5 legal 
school years may be renewed by any school commis- 
sioner in the state for a period of 10 years, without 
examination. 

The first examinations in the subjects not here- 
tofore offered will be conducted for the first time in 
January 1910, and a rural renewable certificate under 
these requirements may be issued thereafter to any 
candidate who is entitled. 

Continuance of 1st Grade Certificate to August 1910 

(Until August 1910, a 1st grade certificate valid in any 
department of any school, except in the primary and gram- 
mar grades, provided by section 551 of the Educational 
Law, may be earned under precisely the same regulations as 
are named above for rural renewable certificate except as 
to educational requirements and experience.) 

The educational requirements are as follows: A 
candidate will be required to pass , subsequent to his 
16th birthday, a written examination in each of the 
following subjects: 



300 Teacher's Certificates [Part I 

writing ancient history, or Euro- 
spelling pean history or his- 
arithnaetic ory of Great Britain 
geography and Ireland 
elementary United State civics 

history with civics bookkeeping 

1st year English drawing 

algebra history of education 

physics school management 

physiology and hygiene school law 
methods in reading 

A candidate may claim the results of the August, 
1910 examinations. 

To a New York'teacher a first grade certificate is well worth 
five hundred dollars. It is permanent and is good in any 
school. It is issued tor 10 years, and when teachers have 
taught under it for 5 school years may be renewed by any 
commissioner for 10 years without examination. 

Training Class Certificates 

A candidate must have complied with all the re- 
quirements for admission to and attendance upon a 
training class and the principal of the school must 
certify that he has given evidence of excellent char- 
acter and good ability to teach. 

A candidate must also have attained in examina- 
tion held for training classes, a minimum standing 
of 75% in each of the following subjects ; 



District] Training Class Certificate 301 

a Preacademic b Academic c Professional 

writing physiology and hy- methods in read- 

spelling giene ing, writing 

*arithmetic American history with and spelling 
geography civics psychology 

*English drawing history of ed- 

elementary science and ucation 
agriculture school law 

school manage- 
ment 
*The papers on this subject will also contain ques- 
tions on methods. 

Examinations are held in January and in June dur- 
ing the week in which regents examinations occur. 
A training class certificate is valid in any school not 
maintaining an academic department. The holder 
of such certificate who entered the training class on 
an academic diploma will after 3 years of successful 
experience be eligible for a certificate entitling him to 
teach in the subacademic grades of any school, sub- 
ject to the provisions of section 551 of the Education 
law, as affecting cities. See page 289. 

A training class certificate is issued for a term 
of three years. 

A person who holds a training class certificate is 
entitled to one year's advanced standing in a state 
normal school, provided he enter the training class 
on an academic diploma and has taught for 1 year 
after graduation from the training class. 

Upon its expiration, from time to time, a training 
class certificate held by a teacher who has taught 



302 Teachers' Certificates [Part I 

under it successfully for a period of 2 years, may be 
renewed for a period of 10 years, without examination. 

There will be criticism of the new regulations that the new 
academic certificate makes the training class less attractive. 
There is some truth in this, but candidates holding regents 
diplomas are now admitted to training classes without the 
examination in additional subjects, and there is a general 
feeling that the discipline of an approved four years' high 
school course is a better preparation for teaching than the 
special work of the teachers' class. These regulations will 
make it possible to compare the results of these two systems 
of training. 

The training class certificates still has the advantage that it 
is renewable. The changes are in the line of liberality. Un- 
der the old regulations the number of years' experience to 
make a holder eligible to teach in subacademic grades was 4 
years instead of 3, and it was renewable for 5 years instead 
of 10. 

Training School Certificate 

The training school is intended almost exclusively to sup- 
ply teachers for the city where it is held. It has the ad- 
vantage over the training class that its certificates are good 
in any school in the state. 

A candidate must have complied with all the re- 
quirements for admission to and attendance upon a 
training school as required by the provisions of sec- 
tion 551 of the Education law and the principal of 
the school must certify that he has given evidence of 
excellent character and good ability to teach. 

A candidate must also have attained in examina- 
tions held for training schools, a minimum standing 
of 75% in each of the folowing subjects, in accord- 
ance with the Svllabus for training schools: 



District] Training School Certificate 303 

arithmetic drawing 

geography methods in reading, writing 

English and speUing 

physiology and hy- psychology 

giene history of education 

nature study school management 

American history with 

civics 
Examinations are held in January and June during 
the week in which regents exarninations occur. 

A certificate of this grade is valid in any depart- 
ment of any school of the State, subject to section 
551 of the Education law and special acts as affect- 
ing cities. See page 289. 

A training school certificate is issued for a term of 
three years. 

Upon its expiration, from time to time, a train- 
ing school certificate held by a teacher who has 
taught under it successfully for a period of 2 years, 
may be renewed for a period of 10 years, without 
examinations. 

Limited State Certificate 

This certificate, which was described at some length in The 
School Bulletin for February, 1908(xxxiv. 99) has not received 
the attention it deserved. Perhaps the requirements for 
continued teaching under an academic certificate may give 
the results that were hoped for under this form. 

A candidate for a limited state certificate is re- 
quired to pass the special examinations for a state 
certificate in each of the following subjects . 



304 Teachers' Certificates [Part I 

(1) (2) 

2 spelling 5 physics 

2 arithmetic 5 civics 
2 geography drawing 

2 English grammar 3 history of education 
5 algebra or psychology 

23^ physiology and hy- 3 methods of teaching 

giene 3 school management 

3 American history 2 school law 
3 composition 

and must earn 10 additional counts in subjects named 
in group (3) under requirements for state certificate. 

Standings earned in 3 consecutive examinations 
may be applied towards a limited state certificate. 

A limited state certificate is issued for a period of 
5 years only. It can not be renewed 01 extended, but 
may be replaced by a state certificate when the holder 
of it has met the aditional requirenients for such 
certificate. 

State Certificates 

This will always be under our system the king of certificates, 
and the new regulations will add stimulus to attain it. It 
is recognized in many other states as qualification for any 
school, and it is considered especially creditable when a 
teacher has obtained it by steady progress as he advanced 
from grade to grade while teaching. 

A candidate for a state certificate is required to pass 
a special examination in each of the following subjects. 

(1) 
2 spelling 5 algebra 

2 arithmetic 23^ physiology and hygiene 

2 geography 3 American history 

2 English grammar 3 composition 



District] 



State Certificate 



305 



(2) 



history of education 
or psychology 



3 methods of teaching 
3 school management 
2 school law 



(3) 



5 English and Amer- 
ican literature 

5 a foreign language 
(Latin, French or 
German) 

5 plane geometry 

5 physics 



5 chemistry or physical 

geography 
23^ botany or zoology 
3 history (ancient, Eu- 
ropean history or 
history of Great 
Britain and Ireland ) 

2 civics 

3 drawing 

Penmanship has been dropped from the list of required 
subjects, and for the first time physical geography is made 
an alternate for chemistry, geology and astronomy are omit- 
ted, and zoology is made an alternate for botany. Instead 
of naming general history as a topic, a choice is given of 
three special kinds of history, book-keeping is omitted, meth- 
ods and school management are separated, and Spanish is 
omitted. 

The numerals prefixed to the subjects in the above list 
indicate the number of counts allowed each subject when 
credit is claimed for the subject towards an extending of an 
academic certificate. 

In the academic subjects the examinations are based on 
the Academic syllabus. 

In composition and in English and American literature 
the examination is based on the high school work in compo 
sition and in literature as outlined in the Academic syllabus 
for the 1st, 2d, 3d, and 4th year English. 

In spelling, arithmetic and geography, both the Elementary 
syllabus and the Training class syllabus should be consulted. 



306 Teachers' Certificates [Part I 

Examinations in these subjects for^a state certificate will be 
more advanced in character than for a preliminary certificate. 

Examinations for a state certificate are based on 
the Training class syllabus in the following subjects: 
history of education psychology 

methods of teaching school management 

school law 
A standing of at least 75% is required in each of 
the subjects of group (1) and an average standing 
of at least 75% in the subjects of groups (2 and 3), 
but no paper is accepted on which a standing of less 
than 60% has been earned. 

This is the only examination in which less than 75% is 
accepted in any subject, and the minimum standing becomes 
60% instead of 50%. 

The standings earned in 4 consecutive examinations 
may be applied towards this certificate and no further 
examinations need be required in any subject in 
which a standing of 9i)% has been earned. 

The number of trials is increased from 3 to 4, and a standing 
oi 90% which used to hold good for 5 years now makes no 
further examinatons in that subject ever necessary at any 
time. 

We should be glad to see this principle extended, and the 
subjects dropped from this examination in which the teacher 
has already qualified, including all of those in group (1) 
except perhaps algebra. Then the teacher's work for this 
certificate could be concentrated on the subjects new to him. 

Those who have met the conditions for a limited state 
certificate must earn credit for the remaining subjects for a 
state certificate in one examination held while the limited 
certificate is in force. 

In the preparation of question papers for examinations 
for a state certificate, it is assumed that candidates are more 



District] State Certificate 307 

mature in judgment and have had experience in teaching. 
In the rating of answer papers, greater fullness and pre- 
cision of statement are expected. 

No person is entitled to a state certificate who has 
not had at least 3 year's experience in teaching. 

A state certificate is issued for life. 

A state certificate is valid in any department of any 
school in the state 

Examinations for a state certificate are held in 
August of each year. Examinations may be held 
at the following places and in such other places as 
may from time to time be designated by the Commis- 
sioner of Education. 

Albany Malone 

Binghamton New York 

Buffalo Norwich 
Chautauqua Assembly Ogdensburg 

Cortland Oneonta 

Fort Edward Rochester 

Hornell Salamanca 

Ithaca Syracuse 

Kingston Utica 

Liberty Watertown 

College Graduate Certificates 

College graduate certificates are of four classes: 
college graduate limited, college graduate life, college 
graduate professional provisional, college graduate 
professional. 

They are issued by the Commissioner of education. 



308 Teachers' Certificates [Part I 

College Graduate Limited 

A college graduate limited certificate is issued for 
a term of 2 years. 

It is valid in any department of any school in the 
state except in primary and grammar grades of the 
city schools. 

The candidate must be a graduate of a college 
approved by the education department and must 
have received the bachelor's degree in a course 
approved by the education department. 

There was much criticism when college graduates were 
first allowed to teach without examination. "They are 
just the ones who ought to be able to pass an examination," 
was the cry. But they are also just the ones who have 
passed examination after examination, much harder than are 
put for teacher's certificates. To require a graduate of Yale 
to answer questions in arithmetic and geography is to dis- 
credit his courses in preparatory school and in college. Be- 
sides, as we remarked in regard to the new academic diploma, 
the last year in college with the final college examinations is 
the hardest and demands all the student's time and inter- 
est. To divert his attention by requiring him to review on 
subjects of years ago in order to pass a teachers' examina- 
tion prepared for persons who have had only district school 
education is to deprive him of opportunity to do his best 
where his best is most iinportant. 

Of course the mere name college is not sufficient. In this 
state we have done away with pretension ; the naine college 
means the equipment of a college; but in many states any 
one may use the name even if he only teaches barbers how 
to cut hair. The education department takes pains to know 
that an institution is doing real college work before it ap- 
proves of it as a college but its rulings are generous,and those 
who have done the work a college diploma should signify 
in a college that exacts such work, will secure this certificate. 



District] College Graduate Certificates 309 

A college graduate limited certificate may be re- 
newed for a period of 1 year if within the 2 years for 
which it was issued the older has passed the special 
examinations required. 

Here again the general principle applies. It is easy for a 
college graduate to begin teaching, and he has two years in 
which to rest from the examinations that have teased him all 
his life. But if he has the spirit of a teacher he will inform 
himself upon these topics so essential in teaching; after an 
examination upon them he may have a renewal for another 
year. He then becomes eligible for the college gradtiate cer- 
tificate named below. 

The subjects of these examinations are: 
psychology history of education 

principles of education methods of teaching 

The examinations are based on the syllabus found in the 
Course of study and syllabus for the college graduate pro- 
fessional certificate and for the renewal of the college grad- 
uate certificate limited. 

Examinations for renewal are held in May and 
August of each year. 

The May examinations are held in connection with the 
other professional licensing examinations in Albany, Buffalo, 
New York and Syracuse and at other places designated from 
time to time by tbe Education department. 

The August examinations are held at the various colleges 
in the State where summer courses are conducted, covering 
wholly or in part the course of work outlined in the Course 
of study and syllabus for the college graduate professional 
certificate and for the renewal of the college graduate certi- 
ficate limited. 

College Graduate Life Certificate 
A college graduate life certificate may be issued to 
one who has completed a four year course of study 
at an approved college and has received a bachelor's 



310 Teachers' Certificates [Part I 

degree and who presents evidence of 3 year's success- 
ful experience in teaching since graduation, 2 years 
of which have been in New York state. 
College Graduate Professional Provisional Certificate 
A college graduate profesional provisional certi- 
ficate valid for 3 years in any grade of any school in 
the state, may be issued to any graduate of an approv- 
ed college who has completed therein a course in 
education under the regulations of the Education 
department. 

This is to encourage pedagogical work in college. It not 
only renders subsequent examination unnecessary, but it is 
good in primary and grammar grades of cities, which the col- 
lege graduate limited does not qualify for. 

College Graduate Professional Certificate 
On evidence of 3 years successful experience in 
teaching the holder of a college graduate provisional 
certificate is entitled to receive a permanent college 
graduate professional certificate. 

Temporary License 

In addition to the foregoing certificates, the Com- 
missioner of education may in his discretion, issue 
temporary licenses valid for 20 weeks, but only in 
cases in which public convenience absolutely requires 
it, and then only on the recommendation of the school 
commissioner or superintendent having jurisdiction. 

These have been the weak point of our certificate system. 
However satisfactory the plan be theoretically, if it can be 
evaded by special indulgence to favored persons, those who 
have abided by the rules become discouraged. Yet emer- 
gencies arise where a teacher must be provided and can be 
provided only in this way. But while temporary licenses 
to some extent are a necessary evil, the present regulations 



District] Special Certificates 311 

tend to reduce that evil to a minimum, and teachers will be 
disappointed who rely upon this expedient to escape exam- 
inations. 

Special Certificates 

These certificates may be granted to those candid- 
ates who desire to teach a special subject only, tech- 
nical in character, and who have made special pre- 
paration for the work. The certificate will entitle 
its holder to teach the special subject only. 

No temporary license will be granted unless satisfactory 
evidence is furnished that the candidate is qualified, and 
sufficient reasons are given why the candidate is not the 
holder of a regular certificate. 

These certificates have been a bone of contention. Or- 
iginally all teachers with the single exception of those in vocal 
music were required to take the uniform examinations, but 
as more and more special teachers were required, in more 
and more subjects, it became manifest that New York was 
losing desirable teachers who instead of coming here to be 
examined in arithmetic would go to other states where the 
requirements were more liberal. 

The New York requirements are now generous. They in- 
sist upon graduation from an approved high school, or the 
equivalent, for they rightly assume that even a special teach- 
er should have a fair general education. When a certificate 
is once obtained it is practically permanent. 

A special certificate may be granted for 3 years and 
after 2 years of successful experience it may be re- 
newed for 5 year periods. 

No special certificate will be granted, even though it be 
earned, except at the request of a superintendent or com- 
missioner after the applicant shall have been assured of a 
position to teach. 

The applicant for any certificate, special in nature 
must furnish evidence of graduation from an approv- 
ed high school or the equivalent, and also from an 



312 Teachers' Certificates [Part I 

approved professional institution wherein he has 
completed a course of study in the special subject. 
In addition he must establish to the satisfaction of 
the commissioner of education that he is qualified 
to teach such special subject. 

The above educational requirements apply to 
special certificates to teach: 
elocution domestic science 

manual training vocal music 

kindergarten drawing 

commercial branches stenography 

In addition for the last four certificates named, can- 
didates must pass the Department examinations pre- 
scribed below, and may combine for a certificate the 
standing earned in any 4 consecutive examinations. 

The Commissioner of education may accept the completion 
of an approved cotirse in . a degree-conferring institution 
registered with the regents in lieu of such examination. 

a Kindergarten certificate. Training school ex- 
aminations in history of education, psychology 
and principles of education, school management, and 
and special examinations in primary methods and 
in kindergarten methods. 

It will be observed that these are the training school, not 
training class, examinations, and the subjects are especially 
important to kindergarten teachers. 

6 Drawing certificate. Special examinations in 
drawing. 

c Commercial certificate. Regents examinations in 
advanced book-keeping, business arithmetic, com- 
mercial law^ 

d Stenographers certificate. Regents examinations 
in stenography and typewriting. 



CHAPTER XXIV 

Union Free School Districts 

The union free school district is peculiarly a New 
York institution. When a common district becomes 
large enough to have two or more teachers it usually 
changes to this form of government The differences 
between a common and a union free school district 
will be noted as we take up the various methods of 
procedure, but this summary will prove convenient. 

(o) Organization 

1. The district is established by the school commissioner; 
the union free school district by special meeting. (20, 38) 
Pages 9, 315 

2. Boards of education must have regular meetings at 
least once each quarter; there is no such requirement on 
trustees. (231) Page 324,6. 

(b) Powers of the school meeting in union free dchool dis- 
tricts that do not exist in ordinary districts. 

3. To provide free text books. (96, 583). Page 330 

4. To establish an academic department. (229) Page 333 

5. To establish evening schools for industrial drawing 
(801). Page 327 

6. To estabhsh industrial schools. (822). Page 328 

7. To establish separate schools for colored children. (822) 
Page 328 

(c) Powers of the board of education that do not exist in 
ordinary districts. 

(313) 



314 Union Free School Districts [Part II 

8. To remove a member of the board. (229, 338). Page 
339 

9. To hire teachers for more than a year. (502) . Page 108 

10. If of 5000 inhabitants, to appoint a superintendent. 
(230). Page 340 

11. To maintain a teachers' class. (640). Page 341 

12. To levy a tax for contingent expenses. (240, 244). 
Page 345 

13. To appoint attendance officers. (535). Page 192 

14. To provide instruction in vocal music. (802). Page 
328 

15. To borrow money in anticipation of taxes. (195, 
229). Page 340 

(d) Powers exercised in common districts by the district 
meeting; in union free school districts by the board of educa- 
tion. 

16. To elect clerk, collector, and treasurer. (96, 174). 
Pages 342, 3 

17. To fill vacancies in the board. (150, 229). Page 339 
IS. To waive relationship of teacher to trustees. (564) 

Page 338 

19. To prescribe text-books. (229, 580). Page 330 

20. To purchase furniture. (196, 229). Page 331 

{e) Powers exercised by trustees with restriction ; by boards of 
education ivithout restriction. 

21. To purchase books and apparatus (196, 229). Page 
331 

22. To repair schoolhouses and furniture. (196, 229) 
Page 331 

23. To provide fuel, furniture, and other necessaries. 
(196, 229). Page 338 



Union School] Formation 315 

(/") Powers in which approval of the school commissioner 
is required in common school districts but not in union free 
school districts. 

24. To raise tax for the expense of water closets. (116) 
Pages 72, 340 

ig) Requirements upon union schools and not upon dis- 
rict schools. 

25. To give free instruction in industrial drawing. (800) . 
Page 327 

26. To publish report in newspaper (141). Page 347 

Whenever 15 persons entitled to vote at any meet- 
ing of the inhabitants of any school district in the 
state, sign a request for a meeting, to be held for the 
purpose of determining whether a union free school 
be established therein, the trustees of such district 
must within 10 days after such request has been pre- 
sented to them give public notice that a meeting of 
the inhabitants of such district entitled to vote there- 
at will be held for such purpose as aforesaid, at the 
school-house, or other more suitable place, in such 
district, on a day and at an hour in such notice to be 
specified, not less than 20 nor more than 30 days after 
the publication of such notice. (38) 

The adoption at an annual meeting of a resolution to change 
to a union free school does not establish a union free school. 
(D 4380) 

If the trustees refuse to give such notice, or neglect to give 
the same for 20 days, the commissioner of education may- 
authorize and direct any inhabitant of such district to give 
he .same. The qualifications of the inhabitants entitled to 



316 Union Free School Districts [Part II 

vote at such meeting, must be sufficiently set forth in the 
notice aforesaid. (D 4365) 

Whenever such district corresponds wholly or in 
part with an incorporated village, in which there is 
published a daily or weekly newspaper, the notice 
aforesaid must be given by posting at least 5 copies 
thereof, severally, in various conspicuous places in 
said district, at least 20 days prior to such meeting, 
and by causing the same to be published once a week 
for 3 consecutive weeks before such meeting, in all the 
newspapers published in said district. (39) 

In other districts the notice must be given by posting the 
same as aforesaid, and in addition thereto, the trustees of 
such district must authorize and require any taxable inhab- 
itant of the same, to notify every other inhabitant, qualified 
to vote as aforesaid, of such meeting, to be called as afore- 
said, who must give such notification by reading said notice 
in his hearing, or in case of his absence from home, by leaving 
a copy thereof, or so much thereof as relates to the time, 
place and object of the meeting, at the place of his abode at 
least 20 days prior to the time of such meeting. (39) 

The reasonable expense of such notices, and of their pub- 
lication and service, is chargeable upon the district, in case 
a union free school is established by the meeting so convened, 
to be levied and collected by the trustees, as in case of taxes 
now levied for school purposes; but if such union free school 
is not established, then the said expense is chargeable upon the 
inhabitants signing the request, jointly and severally, to be 
sued for, if necessary, in any court having jurisdiction of 
the same. (40) 

Whenever 15 persons, entitled as aforesaid, from 
each of 2 or more adjoining districts, unite in a request 
for a meeting of the inhabitants of such districts, to 
determine whether such districts be consolidated by 



Union School] Formation 317 

the establishment of a union free school therefor and 
therein, it is the duty of the trustees of such districts, 
or a majority of them, to give like public notice of 
such meeting, at some convenient place within such 
districts, and as central as may be, within the time 
and to be published and served as above in each of 
such districts. (41) 

The reasonable expenses of preparing, publishing and serv- 
ing such notices are chargeable upon the union free school 
district, and must be collected by tax, if a union free school 
be established pursuant to such request, but otherwise the 
signers of the request are jointly and severally liable for such 
expenses. The commissioner of education may order such 
meeting under the conditions and in the manner prescribed. 
above. (41) 

Any such meeting held pursuant to the fore- 
going provisions must be organized by the election of 
a chairman and secretary, and may be adjourned from 
time to time, by a majority vote, provided that such 
adjournment shall not be for a longer period than 10 
days; and whenever at any such meeting duly called 
and held, at least 15 qualified voters of the districts 
are present; or at least 15 qualified voters of each of 
the two or more adjoining districts, joining in the re- 
quest, are present, such meeting may, by the affirm- 
ative vote of a majority present and voting (46 Pac 
212) adopt a resolution to establish a union free school 
in said district, or to consolidate the two or more ad- 
joining districts by establishing a union free school in 
said districts pursuant to the notice of said meeting. 
(42) 

If said meeting determines to establish a union free 
school in said districts as aforesaid, it is lawful for 



318 Union Free School Districts [Part II 

such meeting thereafter to proceed to the election of 
a board of education as provided hereafter. (42, 
220-4) 

The school commissioner in whose district the union free 
school district is thus organized must designate such district 

as union free school district number of the town of ... . 

and the said board has the name and style of the 

board of education of (adding the designation aforesaid.) (42) 

Copies of said request, notice of meeting, order of the 
commissioner of education directing some inhabitant to call 
said meeting, if any, and minutes of said meeting, duly cer- 
tified by the chairinan and secretary thereof, must be trans- 
mitted and deposited, immediately after such meeting by one 
of such officers, one to and with the town clerk, one to and 
with the school commissioner in whose jurisdiction said dis- 
tricts are located, and one to and with the commissioner of 
education. (42) 

If at any such meeting, the question as to the establish- 
ment of a union free school is not decided in the affirmative, 
as aforesaid, then all further proceedings at such meeting, 
except a motion to reconsider or adjourn, must be dispensed 
with, and no such meeting may be again called within one 
year thereafter. (42) 

When any such meeting has established a union free school 
in said districts, such union free school district may not be 
dissolved within the period of one year from the 1st Tuesday 
of August next after such meeting. (42, 43) 

In union free school districts whose limits are not 
coterminous with those of an incorporated village or 
city, and in which the number of children of school 
age exceeds 300, as shown by the last annual report 
of the board of education to the school commissioner, 
the qualified voters of any such district may by a 
vote of a majority of those present and voting, at 
any annual meeting, or at any duly called special 



Union School] Meetings 319 

meeting, to be ascertained by taking and recording 
the ayes and noes, determine that the election of the 
members of the board of education shall be held on 
the Wednesday next following the day designated by 
law for holding the annual meeting of said district. 
(223) 

This does not apply to any school district organized under 
a special act of the legislature, in which the time, manner and 
form of the election of district officers is different from that 
prescribed for the election of officers in union free school dis- 
tricts, organized under the general law, nor to any of the 
union free school districts in the counties of Chenango, Erie, 
Saint Lawrence, Suffolk and Warren. (223) 

This expression "coterminous with" or "whose limits do 
not correspond with" is a common one in the school law, 
the distinction being important because where the school 
district and the village or city coincide, the school election 
is held on separate ballot as part of the village or city elec- 
tion, while if the boundaries do not coincide the district has 
a special election of its own (222). See Village chapter. 

Within 10 days after the school commissioner has 
designated any separate school district containing in- 
corporated villages, he must call a special meeting of 
the qualified voters of such school district at a time 
and place to be named by him to elect a board of ed- 
ucation to consist of 6 members, 2 of whom shall be 
elected for 1 year, 2 for 2 years, and 2 for 3 years from 
the date of the annual school meeting next succeeding 
such special meeting. (224) 

The call for this special meeting must be published as 
provided for the special meeting to determine as to whether 
the school district shall be divided. (28) The school com- 
missioner must call such special meeting to order and the 
voters present must elect a chairman and secretary for such 



320 Union Free School Districts [Part II 

mcclin}^ aiul ;ipi)<)iiil :'. Idlers to canvass the votes cast. 
After the votes have been canvassed the chairman and sec- 
retary forthwith certify the result of such canvass to the said 
school commissioner, who must within 5 days thereafter call 
together the members of the board of education, shown by 
said certificate to have Ijeen elected, for the purpose of or- 
ganization, and said certificate of the result (jf such canvass 
thereupon becomes a part of the record of said school dis- 
trict. (224) 

The l)oard of education must, at the exjjense of the district, 
provide a suitable box in which the ballots are deposited as 
they are received. Such ballots must contain the names 
of the persons voted for, and designate the office for whl^^l. 
each of said names is voted. The ballots may be either 
written or ])riiite<l, or ])artly written and partly printed. 
The inspectors inunediately after the close of the ])olls must 
proceed to canvass the votes. They must first count the 
ballots to determine if they tally with the number of names 
recorded by the clerk, and if they exceed that number, enough 
ballots must be withdrawn to make them correspcjnd. Such 
insi)ectors count the votes and announce the result. The 
persons having a majority of the votes respectively for the 
several offices is elected, and the clerk must record the result 
of such ballot and election as annoimced Ijy the inspectors. 
(223) 

Whenever the time for holding such election passes with- 
out such election being held, a special election must be called 
by the board of education, but if no such election be called 
by said board within 20 days after such time has passed, the 
school commissioner or the commissioner of education may 
order any inhabitant of said district to give notice of such 
election in the manner prescribed (126); and the officers 
elected at such special election hold their respective offices 
only until the next annual election, and vmtil their successors 
are elected and have qualified. (223) 

All disputes concerning the validity of any such election 
or of any votes cast thereat, or of any of the acts of the in- 
spectors or clerks, must be referred to the commissioner of 



Union School] Board of Education 321 

education, whose decision in tlic inatLcrs is (in.d, and who 
may, in his discretion, order a new election in any district. 
(223) 

Until such determination be changed, such election shall 
l)e held on the Wednesday next following the day on which 
such annual meeting of such district shall be held, in each 
year, betweeen the hours of 12 o'clock noon and '1 o'clock 
in the afteroon at the principal school-house in the? ilistrict, 
or at such other suitable place as the trustees may designate. 
When the place of holding such election is other than at the 
principal school-house, the trustees must give notice thereof 
by the i)ublication of such notice, at least 1 week before the 
time of holding such election, in some newspaper pu])lished 
in the district, or by posting the same in 3 consi)icuous jdaces 
in the district. The trustees may, by resolution, extend the 
time of holding the election from 4 o'clock until sun.set. (223) 

The board of education, or such of them as may be present, 
act as inspectors of election. If the majority of such board 
are present at the time of opening the polls, those members 
•of the board in attendance may appoint any of the legal 
voters of the district present to act as inspectors in place of 
the absent trustees; and if none of the board of education 
are present at the time of opening the polls, the legal voters 
present may choose '.'> (>{ their muuber to act as inspectors. 
(223) 

The clerk of iVic board of education must attend at the election and 
record in a fiook, to he [jrovided for that purpose, the name of each elector 
as he deposits his ballot. If the clerk of the board of education is absent, 
or is unaljle or refuses to act, the board of education or insjjcctors of elec- 
tion must appoint some person who is a le^al voter in the district to act 
in his place. Any clerk or acting clerk who shall nefjlect or refuse to record 
the name of a fjerson whose ballot is received by the inspectors, shall bo 
liable to a fine of $2.'), to be sued for by the supervisor of the town. (22.'}) 

In any union free school district established under 
the laws of this state, and which has been established 
for the period of 1 year or more, it is the duty of the 
board of education, upon the application of 15 resi- 
dent taxpayers of such district, to call a special meet- 



322 Union Free School Districts [Part II 

ing in the manner pre?cribed by law, for the purpose 
of determining whether appHcation shall be made 
for the dissolution of such union free school district, 
and for its reorganization as one or more common 
school districts. (43) 

Whenever at such meeting it is determined by a majority 
vote of the legal voters present and voting, to be ascertained 
by taking and recording the ayes and noes, not to dissolve 
such union free school district, no other meeting for a sim- 
ilar purpose shall be held in said district within 3 years from 
the time the first meeting was held. (44) 

But if it is determined by a f vote of the legal voters 
present and voting, to be ascertained by taking and recording 
the ayes and noes, to dissolve such union free school district, 
it is the duty of the board of education to present to the 
school commissioner of the commissioner district in which 
said union free school is situated a certified copy of the call, 
notice and proceedings. If the school commissioner approves 
the proceedings of said meeting, he must certify the same to 
the board of education. Such approval does not take effect 
until the day preceding the 1st Tuesday of August next suc- 
ceeding ; but after that date such district ceases to be a union 
free school district. (44) 

If any union free school district dissolved under the fore- 
going provisions has been established by the consolidation of 
2 or more districts, it is lawful for the school commissioner 
to order that its territory be divided into 2 or more districts, 
to correspond, so far as practicable, with the districts there- 
tofore consolidated. (45) 

The school commissioner may make his approval of the 
proceedings of any such meeting held as aforesaid conditional 
upon the payment by the district which has been most 
greatly benefitted by the consolidation in the way of build- 
ings and other improvements to the other districts into 
which the said union free school district is divided, of such 
sum of money as he may deem equitable. (46) 

If the school commissioner shall not approve the proceed- 



Union School] Dissolution 323 

ings of any such meeting, held as aforesaid, for the purpose 
of dissolving a union free school district, no other meeting 
shall be held in such district, for a similar purpose, within 3 
years from the time the first meeting was held. (47) 

Whenever the proceedings of such a meeting have been 
approved by such school commissioner and have been cer- 
tified by him to the board of education, it is the duty of the 
board of education of the district affected forthwith to notify 
the commissioner of education, and to furnish him copies of 
the call, notice, proceedings of the meeting, and the action 
taken by such school commissioner thereon. (48) 

All moneys remaining in the hands of the treasurer of the 
union free school district when the order of dissolution shall 
take effect must be apportioned equitably among the several 
districts into which such union free school district is divided, 
and must be paid over to the collectors or treasurers of such 
districts when they shall have been elected and have qualified 
according to law. (49) 

The districts formed by the dissolution of a union 
free school district, must hold their annual meetings 
on the 1st Tuesday of August next after the dissolution 
and elect officers as required by law. (27, 28, 87) 

On the written consent of the boards of education of the 
districts affected the school commissioner may dissolve a 
union free school district when it adjoins another union free 
school district and both of such union free school districts 
are wholly or partly located within the limits of a city or an 
incorporated village and annex the territory of such dis- 
solved district to the remaining union free school district. 
(26) 

The bonded indebtedness of each of such districts becomes, upon such 
dissolution and annexation, a charge upon the enlarged district thus formed 
Such district succeeds to all the rights of property possessed by the an- 
nulled district. The board of education of such district must raise by tax 
an amount sufficient to pay any of the bonds and interest thereon as the 
same shall become due. (26) 



CHAPTER XXV 
Union Free School District Officers 

The board of education of each union free school 
district or city is hereby created a body corporate. 
(220) 

This is true of the district trustees. (190) 

A member of a board of education of a school district is held in Nebraska 
to be a ministerial officer within the meaning of a statute providing for 
the punishment of a certain public officers for malfeasance in office. (59 
L R A 915) 

It must at its first meeting and at each annual 
meeting thereafter, elect one of its members president, 
(220) 

This is not customary among the three trustees. 

Whenever the boundaries of the district are not 
coterminous with the boundaries of an incor- 
porated city or village, the meeting at which such 
union free school district is established must elect 
by ballot not less than 8 nor tnore than 9 trustees, 
who shall by the order of such meeting, be divided 
into 3 classes, the first to hold until 1, the second until 
2, and the third until 3 years from the 1st Tuesday of 
August next following except as in the next section 
provided. (221) 

Thereafter there must be elected in such districts, at the 
annual meeting, trustees to supply the places of those whose 
terms of oflfice, by the classification aforesaid, expire. (221) 

The trustees thus elected, must enter at once upon 
their ofifices, and the oflfice of any existing trustees in 
such districts, before the establishment of a union 

(334) 



Union School] Meetings 325 

free school therein, cease. The said trustees and their 
successors in office constitute the board of education 
of and for the union free school distrist thus estab- 
lished and for which they are elected. (221. Com- 
pare 144) 

The former officers still continue in office for the purpose 
of providing for and paying all just debts of the district. (32) 

At any annual meeting, the qualified voters may determine by a majority 
vote of such voters present and voting, to be ascertained by taking and 
recording the ayes and noes, to increase or diminish the number of members 
of the board of education of such district. If such board consists of less 
than 9 members, and such meeting determines to increase the number, such 
meeting elects such additional number so determined upon, and divides 
such number into 3 classes, the first to hold office 1 year, the second 2 years 
and the third .3 years. If such meeting determines to diminish the number 
no election is held to fill the vacancies of the outgoing members until the 
number of members corresponds to the number which such meeting de- 
termines to compose such board. No board of education of such district 
may consist of less than 3 nor more than 9 members. No change shall 
be made in the number of trustees of any such school district unless no- 
tice is given by the board of education at the time and in the same manner 
that notice is given of the annual school meeting. (227) 

If the district is coterminous with a village or city this change of number 
must be voted in at a special meeting, called in response to'an application 
from at least 15 resident taxpayers. (226) 

For cause shown, and after giving notice of the 
charge and opportunity of defence, the commissioner 
of education may remove any member of a board of 
education. (228) 

(D 4773; 63 Hun 389; 37 Ap Div 44) 

Wilful disobedience of any lawful requirement of the'com- 
missioner of education, or a want of due diligence in obeying 
such requirement or wilful violation or neglect of duty is 
cause for removal. (228) 

This is true of school trustees. (338) 

The annual meeting of a board of education of 
every union free school district whose limits are not 
coterminous with those of a village is held on Tuesday 



326 Board of Education [Part II 

next after the annual school district meeting therein, 
or if its limits are coterminous with those of an in- 
corporated village or city, on the Tuesday next after 
the election of the members of such board at the an- 
nual charter election. (225) 

It is the duty of the board of education to have a 
regular meeting at least once in each quarter, and at 
such meetings to appoint one or more committees, 
to visit every school or department under the super- 
vision of said board, and such committees must visit 
all said schools at least twice in each quarter, and re- 
port at the next regular meeting of the board on the 
condition thereof. (231) 

The meetings of all such boards must be open to the public, 
but said boards may hold executive sessions, at which ses- 
sions only the members of such boards or the persons invited 
may be present. (231) 

The board of education posess all the powers and 
privileges, and are subject to all the duties in respect 
to the common schools, or the common school 
departments in any union free school in said dis- 
tricts, which the trustees of common schools possess 
or are subject to not specially provided for in this 
article, and not inconsistent with the special autho- 
rity granted; and enjoy, whenever an academic 
department shall be by them established, all the 
immunities and privileges now enjoyed by the 
trustees of academies in this state. (235) 
They have power, and it is their duty : 
1. To adopt such by-laws and rules as shall seem 
proper in the discharge of the duties required under 
the provisions of this chapter. (229) 



Union schools] Powers 327 

This need not be specified for a board of trustees, which 
is sometimes a single trustee. 

In Illinois it is held that boards of education do not have those of trustees 
except as conferred by statute. (23 III A 629; 47 111 525; 71 111 532; 
72 111 508; 76 111 189; 82 111 132; 87 111 255; 32 111 A 336; 12 111 A 570) 

2. To establish such rules and regulations concern- 
ing the order and discipline of the schools, in the several 
departments thereof, as they may deem necessary to 
secure the best educational results. (229) 

This power is given to trustees. (195) . See pages 148—262. 

3. To prescribe the course of study by which the 
pupils of the schools shall be graded and classified, 
and to regulate the admission of pupils and their trans- 
fer from one class or department to another, as their 
scholarship shall warrant. (229) 

This general power is given to trustees. (195, 78 Pac812) 
See pages 199—220. But the following subject is mandatory 
in union free schools, but not in district schools. 

They must cause free instruction to be given in in- 
dustrial or free-hand drawing in the schools under 
their charge, unless excused therefrom by the com- 
missioner of education. (800) 

In each of the state normal schools the course of study 
must embrace instruction in industrial or free-hand drawing. 
The board of education in each city in this state must cause 
free instruction to be given in industrial or free-hand drawing 
in at least one department of the schools under their charge. 
(800) 

The board of education may establish and maintain even- 
ing schools for free instruction in industrial drawing, when- 
ever the qualified electors so direct, and make provision for 
the maintenance of such schools. Such electors also have 
power, whenever they think it advisable, to raise such moneys 
as are necessary for other purposes. (801) 



328 Board of Education [Part II 

They may cause free instruction to be given in 
vocal music in the schools under their charge. (802) 

The coiTimissioner of education may provide instruction 
in vocal music in all teachers' institutes held throughout the 
state. In each of the state normal schools the course of 
study may embrace instruction in vocal music. (802) 

The board of education in a city and the officer 
having the management and supervision of the public 
school system in a city not having a board of educa- 
tion and the board of education in a union free school 
district which authorizes the establishment of a gen- 
eral industrial or a trade school is vested with the same 
power and authority over the management, super- 
vision and control of such school and the teachers 
or instructors employed therein as such board or 
ofificer now has over the schools and teachers under 
their charge. Such boards of education or such officer 
also have full power and authority: 

1. To employ competent teachers or instructors. 

2. To provide proper courses of study. 

3. To purchase or acquire sites and grounds and to 
purchase, acquire, lease or construct and to repair 
suitable shops or buildings and to properly equip the 
same. 

4. To purchase necessary machinery, tools, ap- 
paratus and supplies. (822) 

The commissioner of education in the annual ap- 
portionment of the state school moneys apportions 
therefrom to each city and union free school district 
the sum of $500 for each independently organized 
general industrial or trade school maintained therein 
for forty weeks during the school year and employing 



Union School] Industrial Schools 329 

one teacher whose work is devoted exclusively to 
such school, and having an enrollment of at least 25 
pupils and maintaining a course of study approved 
by him. (823) 

He also makes an additional apportionment to each city 
and union free school district of $200 for each additional' 
teacher employed exclusively in such schools for 40 weekS' 
during the school year. (823) 

All such moneys apportioned by the commissioner of edu- 
cation must be used exclusively for the support and main- 
tenance of such schools in the city or district to which such 
moneys are apportioned. But the commissioner of educa- 
tion may in his discretion apportion to a district or city main- 
taining such schools or employing such teachers for a shorter 
time than 40 weeks, an amount pro rata to the time such 
schools are maintained or such teachers are employed. This 
section must not be construed to entitle manual training 
high schools or other secondary schools maintaining manual 
training departments, to an apportionment of funds herein 
provided for. (823) 

Where the district system does not prevail the duty 
of assigning pupils to the various schools devolves on 
the school board. (79 N E 481) and a school may 
be closed and pupils transferred to other schools. 

It is within the judgment of an Indiana trustee to close 
a school of fewer than 12 pupils and transfer them to other 
schools, furnishing conveyance when necessary. (70 N E 
805) 

If authorized by the district meeting they may 
establish separate schools for colored children, a 
power the common district does not possess. (981) 

(23 Am St 895; 78 Pac 455, 84 Pac 538. But see 45 Kan 152, 51 Pac 
741) 

These schools must receive the same case and be furnished 



330 Board of Education [Part II 

the same facilities for instruction as the schools for white 
children. (981, 2) 

(66 Kan 672. 72 Pac 274, 97 Pac 216. 99 Pac 222.) 

In N. C. negroes to the 4th generation are excluded from 
a white school, "if by tracing back through his father or 
mother four successive generations a negro ancestor is 
reached." (10 L R A 823) 

4. To prescribe the text-books to be used in the 
schools, and to compel a uniformity in the use of the 
same, and to furnish the same to pupils out of any 
moneys provided for that purpose. (229) 

In the district text-books are adopted at district meeting. 
(580-2) 

The district is not permitted to furnish free text-books. 
(96) The board of education may furnish them only when 
money is provided by the union free school district. (583) 

When a text-book has been adopted, it is not lawful to 
supersede the text-book so adopted by any other book within 
a period of 5 years from the time of such adoption, except 
upon a I vote of the board of education. (581) 

Any person violating any of the provisions of this article 
is liable to a penalty of not less than $50 nor more than $100 
for every such violation, to be sued for by any taxpayer of 
the school district, and recovered before any justice of the 
peace, said fine, when collected, to be paid to the collector or 
treasurer for the benefit of said school district. (582) 

5. To make provision for the instruction of pupils 
in physiology and hygiene with special reference to the 
effect of alcoholic drinks, stimulants and narcotics 
upon the human system. (229) 

This requirement is also saddled upon the district. (195) 
For details see pages 201—5. 

6. To purchase sites, or additions thereto, for school- 
houses for the district, as designated by a meeting of 
the district; and to construct such school-houses, and 



Union School] Schoolhouses 331 

additions thereto as may be so designated; to purchase 
furniture and apparatus for such school-houses ; to keep 
such school-houses and the furniture and apparatus 
therein in repair; to hire rooms in which to maintain 
and conduct schools when the rooms in the school-houses 
are overcrowded, or when such school-houses are destroyed, 
injured or damaged by the elements, and to fit up atui 
furnish such rooms in a suitable manner for conducting 
schools therein; to insure the school-houses and their 
furniture, apparatus and appurtenances, and the school 
library, in some company created by or under the laws 
of this state, or in some insurance company authorized 
by law to transact business in this state, and to comply 
with the cottditions of the policy, and raise the sums 
paid for premiums by district tax. (229) 

These are in general the powers of trustees, but except 
by vote of the district trustees may not expend in one 
year more than $50 for repairs ; or more than $25 of the 
district's money for library and apparatus. As this last 
is duplicated by the state (454) the amount trustees 
may spend for library and apparatus is $50 each year. Boards 
of education are unlimited in these powers. (195, 6) 

A board of education in a union free school district con- 
taining a population of 5,000 or more may, without a vote 
of the qualified voters of said district, designate sites or ad- 
ditions thereto for school-houses. (117) 

The provisions as to condemnation apply to union free 
school districts and to districts organized under special laws. 
(122, 125) 

No addition to or change of site or purchase of a 
new site or tax for the purchase of any new site or 
structure, or for the purchase of an addition to the 
site of any school-house, or for building any new 



332 Board of Education [Part II 

school-house or for the erection of an addition to any 
school-house already built, may be voted unless a 
notice by the board of education stating that such tax 
will be proposed, and specifying the amount and ob- 
ject thereof, has been published once in each week 
for the 4 weeks next preceding such district meeting, 
in 2 newspapers if there shall be 2,|[or in 1 newspaper 
if there shall be but 1, published in such district. 
(126) 

If no newspaper is then published therein, the said notice 
must be posted in at least 20 of the most public places in said 
district 20 days before the time of such meeting. (126) 

In a common school district the notice of a special meeting 
to authorize any of the improvements enumerated in this sec- 
tion is given by serving notice. (86) 

7. To take charge and possession of the school-houses, 
sites, lots, furniture, books, apparatus, and all school 
property within their respective districts. (229) 

The title of the same is vested respectively in said board of 
education, and the same is to be subject to taxation for any 
purpose. (229) 

Trustees have the same power. (195) 

8. To sell, when thereto authorized by a vote of the 
qualified voters of the school-district, any former school 
site or lot, or any real estate the title to which is vested 
in the board, and the buildings thereon, and appur- 
tenances or any part thereof, at such price a-ytd upon 
such terms as said voters shall prescribe, and to convey 
the same by deed to be executed by the board or a m.ajority 
of the members thereof. (229) 

All moneys arising from any such sale are to be used and 
applied for the benefit of the school district, as the voters 
thereof shall by resolution direct. (229) 

The district trustees have similar power. (120) 



Union School] Academies 333 

9. To take and hold for the use of the said schools or 
of any department of the same, any real estate trans- 
ferred to it by gift, grant, bequest or devise, or any gift 
legacy or annuity, of whatever kind, given or bequeathed 
to the said board, and apply the same, or the interest or 
proceeds thereof, according to the instructions of the 
donor or testator. (229) 

Trustees have similar power. (480) 

10. To have in all respects, the superintendence, 
management and control of said union free schools, 
and to establish in the same an academic department, 
whatever in their judgment the same is warranted by 
the dema-nd for such instruction. (229) 

Trustees have no such power. 

If there shall exist within its district an academy 
the board of education, if thereto authorized by a 
vote of the voters of the district, may adopt such 
academy as the academic department of the district, 
with the consent of the trustees of the academy, and 
thereupon the trustees, by a resolution to be attested 
by the signatures of the officers of the board and filed 
in the office of the clerk of the county, must declare 
their offices vacant, and thereafter the said academy 
becomes the academic department of such union free 
school. (236) 

The board of education when thereto authorized by a 
vote of the quahfied voters of the district may lease said 
academy and site, and maintain the academic department 
of such union free school therein and thereon. (236) 

The board of education of a union free school dis- 
trict, with the approval of the commissioner of ed- 



334 Board of Education [Part II 

ucation, and the regents of the university, may 
adopt an academy as the academic department there- 
of, and contract for the instruction therein of pupils 
of academic grade, residing in the district. (237) 

The academy thereupon becomes the academic depart- 
ment of such union free school, and the district is entitled to 
the same rights and privileges is subject to the same duties, 
and the apportionment and distribution of state school 
money shall be made to it, as if an academic department had 
been established in such school. (237) 

If there is, in a dissolved union free school district, an acad- 
emy which has been adopted as the academic department of 
the union free school, it must, upon the application of a 
majority of the surviving resident former trustees or stock- 
holders, be transferred by the board of education to said for- 
mer trustees or stockholders. (238) 

Every academic department is under the visita- 
tion of the regents of the university, and is subject, 
in its course of education and matters pertaining 
thereto, but not in reference to the buildings in which 
the same is conducted, to all the regulations made in 
regard to academies by the said regents. (239) 

In such departments the qualifications for the entrance 
of any pupil must be as high as those estabilshed by the said 
regents for participation in the literature fund of any academy 
of the state under their supervision. (239) 

The regents establish in the academies of the uni- 
versity examinations in studies furnishing a suitable 
standard of graduation from academies and of ad- 
mission to colleges, and certificates or diplomas are 
conferred by the regents on students who satisfac- 
torily pass such examinations. (1088) 

Any person must be admitted to these examina- 
tions who conforms to the rules and pays the fees 



Union School] Academic Fund 335 

prescribed by the agents, and said fees may not ex- 
ceed $1 for each academic branch, or $5 for each 
higher branch in which the candidate is examined; 
and all fees received may be used by the regents for 
expenses of examinations. (1089) 

The commissioner of education apportions the 
money annually appropriated for the support of 
cities, academies, academic departments and librar- 
rier in accordance with regulations established or to 
be established by him as follows: 

It will be observed that this is a wholly different appro- 
priation from the school moneys, page 266. 

1. To each city, union school district and nonsec- 
tarian academy maintaining an academic department, 
a quota of $100 for each such academic department 
maintained therein. This apportionment shall be 
known as the academic quota. 

2. To each non-sectarian private academy an allow- 
ance equal to the amount raised from local sources 
but not to exceed $250 annually for approved books, 
standard pictures and apparatus. (453) 

3. To each city an allowance equal to the amount 
raised from local sources but not to exceed $18 and 
$2 additional for each duly licensed teacher employed 
therein for the legal term, and $250 for each academic 
department maintained by it for approved standard 
pictures, books and apparatus. (453) 

4. To each union school district maintaining an 
academic department an allowance equal to the 
amount raised from local sources, but not to exceed 

annually and $20 additional for each teacher 



336 Board of Education [Part II 

employed in said district for the legal term for ap- 
proved books, standard pictures and apparatus. (453 

5. To all other school districts an allowance equal 
to the amount raised from local sources but not to 
exceed $18 annually and $2 additional for each duly 
licensed teacher employed in said district for the 
legal term for approved books, geographical maps 
and a globe. (453) 

6. To each city and union school district maintain- 
ing an academic department, $20 per year for at least 
32 weeks' instruction or a proportionate amount if 
for 8 weeks or more for each nonresident pupil attend- 
ing the academic department of such school from dis- 
tricts not maintaining such academic departments 
and who is admitted to such academic department 
without other expense for tuition than that provided 
herein. (453) 

7. After the payment of the allowances herein provided 
for the balance is divided among the several cities, school 
districts and academies maintaining academic departments 
on the basis of aggregate days' attendance of academic pupils 
therein. (453) 

8. The commissioner sets aside at the beginning of the fiscal 
year a sum which in his opinion will be sufficient to pay the 
allowances for books and apparatus herein provided before 
making the other apportionments as directed by this article. 
The allowance for books and apparatus is apportioned and 
paid as often during each year as the commissioner may de- 
termine. All other apportionments above provided for are 
miade so far as possible during the month of October each year 
on the basis of the reports of the previous year. (453) 

9. To entitle a city, academy, academic department or 
library to an apportionment from this fund the school auth. - 
ities having control must render a satisfactory report for the 



Union School] Academic Fund 337 

preceding year to the commissioner of education before Sept. 
20 in each year unless such neglect is excused by the commis- 
sioner for sufficient reason. They inust also have complied 
with all regents' laws and ordinances during the preceding 
academic year. (453) 

Payment from this fund is made to the county treasurer 
•of each county for all schools located in such county, by the 
state treasurer on the warrant of the comptroller on the cer- 
tificate of the commissioner of education. (454) 

The commissioner of education immediately after making 
an apportionment certifies to the county treasurer of every 
county included in such apportionment excepting those 
counties included within the territory of the city of New 
York, with respect to his county, the name of each academy, 
the number of each school district and the town in which it 
is situated and the name of each city to which money has 
been allotted and the amount allotted to each. The county 
treasurer, upon the receipt of such certificate and payment 
fro:Ti the state treasurer, pays to the treasurer, if there be one, 
otherwise to the disbursing officer or collector of each school 
district, academy and city named in the certificate of the 
commissioner of education the amount to which said district, 
academy or city is entitled as shown by such certificate. (454) 

Any apportionment made to the city of New York is certified and paid 
to the chamberlain of the city of New York, and any apportionment made 
to any private academy therein is certified and paid directly to the disburs- 
ing officer of the academy to which the apportionment is made. (454) 

The county treasurers of the state must, upon Oct. 1 of 
each year and at such other times as the commissioner of ed- 
ucation may require, make a report for the preceding year 
to the commissioner of education, showing the amount of 
money received by them from this fund and the school dis- 
tricts, cities or academies to which such money has been paid 
and the amount paid to each, and the amount, if any, remain- 
ing in their hands unclaiined by any school district, city or 
academy together with any other fact relative to the dis- 
bursement of this fund which said commissioner may re- 
quire. (455) 



338 Board of Education [Part II 

To receive into said union free schools any pupils 
residing out of said district, and to regulate and estab- 
lish the tuition fees of such nonresident pupils in the 
several departments of said schools. (229) 

If such nonresident pupils, their parents or guardians, are 
liable to be taxed for the support of said schools in the dis- 
tricts, or either of them, on account of owning property 
therein, the amount of any such tax paid by a nonresident 
pupil, his parent or guardian, must be deducted from the 
charge for tuitions. (229) 

Trustees have the same power. (195) See page 173 

The state makes an allowance of $20 a year for 
each non-resident pupil from districts not maintaining 
an academic department, provided he is admitted 
without further charge for tuition. (453) 

To provide fuel, furniture, apparatus and other 
necessaries for the use of said schools, and to appoint 
such librarians as they may from time to time deem nec- 
essary. (229) 

They have already been authorized (229; see page 330) to 
provide furniture and apparatus. The power of the trustees 
to provide fuel and other necessaries without vote of the 
district is limited to $50. (195) Trustees also appoint the 
librarian. (1045) 

11. To contract with and employ qualified teachers, 
to determine the number of teachers to be employed in 
the several departments of instruction in said school, 
and at the time of such employment to make afid deliver 
to each teacher a written contract. (229, 562) 

Trustees have the same power. (195) 

No person who is related by blood or marriage to 
any member of a board of education shall be employed 
as a teacher by such board, except upon the consent 



Union SchooP Powers 339 

in writing of f of the members thereof, to be entered 
upon the proceedings of the board. (564) 

In common districts this consent must be by district meet- 
ing. (564) 

12. To fill any vacancy which may occur in said 
hoard by reason of the death, resignation, removal from 
office or from the school district, or refuse to serve, of 
any m.ember or officer of said board. (229) 

The person so appointed in the place of any such member 
of the board holds oflfice until the next election of trustees. 
In case of the failure of such board to fill such vacancy, and 
in case no special election is ordered for filling the same for 
a period of 30 days, the same may be filled by the school 
commissioner having jurisdiction. The commissioner of ed- 
ucation may order a special election to be held in any district 
for the purpose of filling such vacancy, and when such special 
election is ordered the vacancy must not be filled otherwise. 
(229. See D 4343, 4404) 

In common districts a vacancy is filled by the district 
meeting. (150) 

13. To remove any member of their board for official 
misconduct. (229) 

A written copy of all charges made of such misconduct 
must be served upon him at least 10 days before the time 
appointed for a hearing of the same ; and he must be allowed 
a full and fair opportunity to refute such charges before 
removal. (229) 

A trustee can be removed only by the commissioner of ed- 
ucation. (338) 

14. To provide and maintain suitable and conven- 
ient waterclosets. (229) 

They must provide and maintain suitable and convenient 
water-closets or privies for each of the schools under their 
charge, at least two in number. Any expense incurred by 
said board in carrying out the foregoing provisions is a charge 



340 Board of Education [Part II 

upon the district; and a tax may be levied therefor without a 
vote of the district. (116) 

In common districts the expense must be approved by 
the school commissioner. (116) 

15. To borrow money in anticipation of taxes re- 
maining uncollected which have been levied by such 
district for the current fiscal year, and not in excess 
thereof. (229) 

This may be done when it seems necessary to do so for 
the purpose of paying the current expenses of the district 
for the current fiscal year, by issuing certificates of indebted- 
ness, in the name of the board of education, signed by the 
president and clerk thereof, which certificates must be pay- 
able within such current fiscal year or within 9 months 
thereafter, and bear interest at a rate not exceeding 6% per 
annum. (229) 

Trustees must levy a tax for this purpose. (195) 

16. In any incorporated village or union free school 
district having a population of 5000 and upwards, 
the board of education may appoint a superintendent 
of schools. (230) 

Such superintendent is under the direction of the board 
of education, which prescribes his powers and duties. He is 
paid a salary from the teachers' fund, to be fixed by the board 
of education, and he may be removed from office by a vote 
of the majority of all the members of such board. When- 
ever such superintendent is appointed, the district is entitled 
to the benefits of the superintendents' quota. (230, 432) 

Trustees have no such power. 

The commissioner of education will not allot a supervision 
quota unless satisfied that the city or district employs a com- 
petent person as superintendent whose time is exclusively 
devoted to the general supervision of the public schools of 
such city or district; nor make any allotment to any district 
in the first instance without first causing an enumeration of 
the inhabitants thereof to be made which shows the popu- 



Union School] Teachers' Classes 341 

lation thereof to be at least 5,000, the expense of which enum- 
eration, as certified by said commissioner, must be paid by 
the district in whose interest it is made. The population 
shown by the last state or federal census or village enumer- 
ation may be accepted by said commissioner whenever the 
village and school district boundaries coincide. (452) 

17. To maintain a teachers' class, when designated 
to do so. (640) 

The commissioner of education designates the academies 
and union schools in which instruction in the science and 
practice of common school teaching is given, distributing 
them among the school commissioner districts of the state, 
as nearly as may be, having reference to the number of school 
districts in each, to- location and to the character of the in- 
stitution selected. (640) 

Every academy and union school so designated 
must instruct a class of not less than 10 nor more 
than 25 scholars, and every scholar admitted to such 
class must continue under instruction not less than 
36 weeks. (641) 

Whenever it shall be shown to the satisfaction of the com- 
missioner of education that any pupil attending such classes 
has been prevented from attending the same for the full term 
of 36 weeks, or that for any reason satisfactory to such com- 
missioner, said classes have not been held for the full term of 
36 weeks or have been attended by less than 10 members, 
such commissioner may excuse such default and allow to the 
trustees of the academy or union free school in which said 
classes have been instructed an equitable allowance propor- 
tionate to the number of pupils and period of instruction. 
(641) 

The commissioner prescribes the conditions of 
admission to the classes, the course of instruction 
and the rules and regulations under which said in- 
struction is given, and determines the number of 



342 Board of Education [Part II 

classes which may be formed in any one year, in an 
academy or union school, and the length of time ex- 
ceeding 16 weeks during which such instruction may 
be given. (641) 

Instruction is free to all scholars admitted to such 
classes, who have continued in them the length of 
time required. (641, 642) 

The trustees of all academies and union schools 
in which such instruction is given are paid at the rate 
of $1 for each week's instruction to each scholar who 
has attended for the term of time required on the 
certificate of the commissioner of education, to be 
furnished to the comptroller. (641, 643) 

The commissioner of education apportions $700 
to each academy and union free school district which 
has maintained a training class. (462) 

Any institution instructing a teachers' training class, or 
any union free school, may have the free use of the lantern 
slides and other pictorial apparatus provided by the educa- 
tion department, upon the payment to the superintendent 
of schools loaning the same of necessary expenses incurred 
in such use or for any loss or injury to said property. Said 
commissioner may, from time to time, establish the rules 
and regulations and make and enter into the contracts neces- 
sary for carrying out the provisions of this article. (780) 

Such classes are under the visitation of the school 
commissioner, who examines the classes and issues 
teachers' certificates to those found worthy. (644) 

18. To appoint one of their number, or a qualified 
voter in said district, and a person other than a trustee 
or a teacher employed in said district, as clerk of the 
board of education of such district. ( 174) 



Union School] Officers 343 

Such clerk acts as clerk of said district, and performs all 
the clerical and other duties pertaining to his office. (174) 

In common districts the clerk is elected by the district 
meeting, (96) and is so elected in all the districts of the 
towns of Cortland and White Plains in Westchester county. 
(174) 

For his services he is entitled to receive such compensation 
as is fixed at an annual meeting of the qualified voters of 
such district. In case no provision is made at an annual 
meeting of the inhabitants for the compensation of a clerk, 
then and in that case the board of education have power to 
fix the same. They also have power to supply, by appoint- 
ment, any vacancy in the office of such clerk, occasioned by 
death, resignation, removal from the district or otherwise. 
(174) 

19. To appoint, if the limits of the district are not 
coterminous with those of a village or city, one of the 
taxable inhabitants of their district treasurer, and fix 
his compensation, and another collector of the moneys 
to be raised within the same for school purposes, who 
severally hold such appointments during the pleasure 
of the board. (174, 233) 

Such treasurer and collector must each, and within 10 days 
after notice in writing of his appointment, duly served upon 
him, and before entering upon the duties of his office, ex- 
ecute and deliver to the said board of education a bond, with 
such sufficient penalty and sureties as the board may require, 
conditioned for the faithful discharge of the duties of his of- 
fice ; and in case such bond be not given within the time spec- 
ified, such office thereby becomes vacant, and the board must 
thereupon, by appointment, supply such vacancy. (174) 

In common districts the collector and treasurer are elected 
by the district meeting. (96) 

20. To have printed in the manual for teachers the 
regulations as to fire drills. (723) 

It is the duty of the principal or other person in 



344 Board of Education [Part II 

charge of every public or private school or educa- 
cational institution within the state, except colleges 
and universities, having more than 100 pupils, to in- 
struct and train the pupils by means of fire drills, 
so that they may in a sudden emergency be able to 
leave the school building in the shortest possible 
time and without confusion or panic. Such drills 
or rapid dismissals must be held at least once in each 
month. (720) 

Neglect by any principal or other person in charge of any 
public or private school or educational institution to comply 
with the provisions of this article is a misdemeanor punish- 
able at the discretion of the court by fine not exceeding $50 r 
such fine to be paid to the pension fund of the local fire de- 
partment where there is such a ftmd. (721) 

21. To present at the annual meeting of the district,, 
besides any other report or statement required by law^ 
a detailed statement in writing of the amount of money 
which will be required for the ensuing year for school 
purposes, exclusive of the public moneys, specifying 
the several purposes for which it will be required, and 
the amount for each. (242) 

The board may also present such statement at any special 
meetings called for the purpose, and may present a supple- 
mentary and amended statement or estimate at any time. 
(242) 

If the district maintains a general industrial or 
trade school the board must include in its estimate of 
anticipated expenses the amount that will be required 
to maintain such schools after applying toward the 
maintenance thereof the amount apportioned there- 
for by the commissioner of education. (242, 247» 
824) 



Union School] Contingent Expenses 345 

After the presentation of such statement or esti- 
mate, the question must be taken tipon voting the 
necessary taxes to meet the estimated expenditures, 
and when demanded by any voter present, the ques- 
tion must be taken upon each item separately. The 
inhabitants may increase the amount of any esti- 
mated expenditures or reduce the same, except for 
teachers' wages, and the ordinary contingent expenses; 
of the schools. (243) 

Such amount must thereafter be levied, assessed and raised 
by tax upon the taxable property of the district at the time 
and in the manner that other taxes for school purposes are 
raised in such district. (824) 

22. To levy a tsix for teachers' wages, after applying 
thereto the public school moneys, and other moneys re- 
ceived or to he received for that purpose, or for ordinary 
contingent expenses, if the inhabitants neglect ot refuse 
to vote the sum estimated necessary. (240, 244) 

Trustees have this power as to teachers' wages, but not as 
to contingent expenses. (195) 

If any question shall arise as to what are ordinary contin- 
gent expenses the same may be referred to the commissioner 
of education, by a statement in writing, signed by one or 
more of each of the opposing parties upor the question, and 
the decision of the commissioner is conclusive. (245) 

Any person conceiving himself aggrieved by the action, 
proceedings or decision of any special meeting, or by the or- 
der, decision, action or proceedings of any school commission- 
er, may, appeal therefrom to the commissioner of edu- 
cation, who is hereby authorized and required to examine 
and decide the same; and his decision is final and conclusive. 
(246) 

All moneys raised for the use of union free schools 
whose limits are not coterminous with those of a city 



346 Board of Education [Part II 

or an incorporated village, or apportioned from the 
income of the literature or common school or United 
States deposit funds, or otherwise, are paid to the 
respective treasurers of the said several boards of ed- 
ucation entitled to receive the same, and to be by 
them applied to the uses of said several boards. (234) 

These boards must annually render their accounts of all 
moneys received and expended by them for the use of said 
schools, with every voucher for the same, and certified copies 
of all orders of the said boards touching the same, to the 
school commissioner of the district in which the principal 
school-house of the district is located. No money may be 
drawn from such funds in possession of such treasurer, unless 
in pursuance of a resolution of said board, and on drafts 
drawn by the president and countersigned by the cjerk, or 
secretary, payable to the order of the persons entitled to re- 
ceive such money, and stating on their face the purpose or 
service for which said moneys have been authorized to be 
paid by the said board of education (234) 

It is the duty of the board of education, to 
have reference in all expenditures and contracts 
to the amount of moneys appropriated, or sub- 
ject to their order or drafts, during the current year, 
and not to exceed that amount. All the moneys ap- 
portioned to the common school districts under their 
charge must be applied to the departments below the 
academic; and all moneys from the literature fund or 
otherwise, appropriated for the support of the aca- 
demic department, to said academic department. 
(232) 

23. To keep an accurate record of all its proceedings 
in books provided for that purpose, open for public 
inspection at all reasonable hours. (241) 



Union School] Report 347 

The board must cause to be published once in each year, 
and 20 days next before the annual meeting of the district, 
in at least one public newspaper, printed in such district, 
a full and detailed account of all moneys received by the 
board or the treasurer of said district, for its account and use, 
and of all the money expended therefor, giving the items of 
expenditure in full ; should there be no paper published in 
said district the board must publish such account by notice 
to the taxpayers by posting copies thereof in 5 public places 
in said district. (241) 

No member of said board shall be personally interested 
in any contract made by said board. (241) 

Trustees are required to make an annual report to the dis- 
trict meeting. (200) 

Every union free school district, in all its depart- 
ments, is subject to the visitation of the commis- 
sioner of education. He is charged with the general 
supervision of its board of education and their man- 
agement and conduct of all its departments of in- 
struction. (341) 

24. To make annually, on Aug. 1, to the school com- 
missioner having jurisdiction, and deposit in the town 
clerk's office, a report for the school year ending July 
31 preceding, of all matters concerning which trustees 
of a school district are required to report, and concerning 
all such other matters as the commissioner of education 
shall, from time to time, require. (200, 341) 

Whenever thereto required by the commissioner of edu- 
' cation, they must report fully to him upon any particular 
matter; and such report must be in such form, and so authen- 
ticated, as such commissioner may, from time to time, re- 
quire. (341) 

25. To call special meetings of the inhabitants of 



348 Board of Education [Part II 

their respective districts whenever they deem it necessary 
and proper. (88, 126) 

Trustees have the same power. (86, 126, 195) 

Other Union Free School District Officers 

The duties of the clerk, collector and treasurer of 
a union free school district are nearly identical with 
those of the same officers in common school districts. 

The attendance officer is appointed by the board 
of education, instead of by the town board as in com- 
mon districts. (535) 

The clerk gives notice of the time and place of the annual 
meeting. (S3, 126) 

In Little Falls the attendance officer ran after a child in 
the face of an approaching train, when the child was not a 
truant and was with his father, and against the express com- 
mands of the father, and the boy was killed. Suit was 
brought against the board as responsible for appointing an 
improper person, but the court held that the attendance 
officer is a creation of the statute, the board of education is 
required to appoint him, and the board is not responsible. 
(53 N Y 75) 



CHAPTER XXVI 

Village Schools 

Some special provisions are made for union free 
school districts when their boundaries are coterminous 
with those of a village. Except as mentioned in this 
chapter the school law is the same with regard to vil- 
lage schools as in regard to union free school districts 
not coterminous with a village. 

We have already mentioned that in such school districts: 

(a) The election is at the same time with the regular 
charter election. (22) 

(b) A change in the number of members of the board must 
be made at a special election. (226) 

(c) The annual meeting is the Tuesday next after the 
charter election. (225) 

In any union free school district within the limits 
of which there is territory of 2 or more incorporated 
villages, the board of trustees of any village whose 
entire district is within said school district may call 
a special meeting of the voters, duly qualified under 
this chapter to vote at a school meeting, to deter- 
mine whether that portion of any such school district 
comprising the village holding such special meeting, 
shall be separated from such school district and be 
a separate union free school district with limits cor- 
responding with the limits of such village. (28) 

Notice of the time and place of any such special meeting 
must be published by the board of trustees calling the same, 
once a week for 2 successive weeks in each newspaper actually 

(349) 



350 Village Schools [Part III 

printed and published in such village, and if there be no such 
newspaper published in such village, such notice shall then 
be given by posting in at least 10 conspicuous places in said 
village. (28) 

When a union free school district contained parts of two 
villages, one of the villages may not reduce its boundaries 
by excluding the part outside the district to enable it to vote 
on the question of withdrawal from the school district. (86 
N E 26) 

The village clerk of the village holding such special meeting shall cause 
to be prepared and furnished for the use of the voters at any such special 
meeting ballots, which shall conform as near as may be to the election law, 
in favor of and against organizing the territory within such village into a 
separate ochool district. The members of the board of trustees of any vil- 
lage holding such special meeting shall act as inspectors and shall canvass 
the votes cast, and if a majority thereof shall be in favor of constituting the 
territory within such village a separate school district said board of tnistees 
shall forthwith certify the result of such canvass to the school commissioner 
of the school commissioner district in which such village is situated; and said 
school commissioner shall thereupon declare by certificate under his hand 
the territory within such village limits a separate school district and des- 
ignate it as union free school district number of the town 

of (29) 

If at the time of the organization of any school district as thus provided 
and the election of a board of education, there shall be any outstanding 
bonded or other indebtedness chargeable against the school district of which 
the territory so separately organized was a part, the school commissioner 
must apportion said indebtedness between the newly organized district 
and the remaining portion of the old district according to the assessed val- 
uation of each and the amounts of said indebtedness so apportioned become 
a chaige for principal and interest upon the respective districts as though 
the same had been incurred by said districts separately. (30) 

Nothing herein must prevent any child of school age re- 
siding in any part of a school district so divided from attend- 
ing school in the part of the district remaining after any such 
decision until the close of the school year in which such divis- 
ion was made, provided, however, that the tax for said school 
year has theretofore been levied on the real and personal 
property of the school district before the division for the sup- 
port of such school for the current school year. (31) 



Village] Levying Tax 351 

The corporate authorities of any incorporated vil- 
lage or city in which a union free school is established, 
have power, and it is their duty, to raise, from time 
to time, by tax, to be levied upon all the real and per- 
sonal property in said city or village, as by law pro- 
vided for the defraying of the expenses of its munici- 
pal government, such sum as the board of education 
established therein shall declare necessary for teach- 
ers' wages and the ordinary contingent expenses of 
supporting the schools of said district. (247) 

The sums so declared necessary must be set forth in a de- 
tailed statement in writing, addressed to the corporate au- 
thorities by the board of education, giving the various pur- 
poses of anticipated expenditure, and the amount necessary 
for each; and the said corporate authorities have no power 
to withhold the sums so declared to be necessary. (247) 

Such corporate authorities have power, and it is their 
duty to raise, from time to time, by tax as aforesaid, any such 
further sum to be set forth in a detailed statement in writing, 
addressed to the corporate authorities by the board of edu- 
cation, giving the various purposes of the proposed expendi- 
ture, and the amount necessary for each which may have 
been or which may hereafter be authorized by a majority of 
the voters of such union free school district present and vot- 
ing at any special district meeting duly convened. (126, 247) 

These provisions apply to all union free schools heretofore 
organized (248) 

It will be observed that the board of education still has 
power to name the amount necessary for teachers' wages and 
contingent expenses. (244) 

All moneys raised for the use of the union free 
schools in any city or incorporated village, or appor- 
tioned to the same from the income of the literature, 
common school or United States deposit funds, or 



352 Village Schools [Part III 

otherwise, must be paid into the treasury of such city 
or village to the credit of the board of education there- 
in; and the funds so received into such treasury must 
be kept separate and distinct from any other funds 
received into the said treasury. (233) 

The officer having the charge thereof must give such ad- 
ditional security for the safe custody thereof as the corporate 
authorities of such city or village may require. No money 
may be drawn from such funds, credited to the several boards 
of education, unless in pursuance of a resolution of said board, 
and on drafts drawn by the president and countersigned by 
the secretary or clerk, payable to the order of the persons 
entitled to receive such money, and stating on their face the 
purpose or service for which such moneys have been author- 
ized to be paid by the said board of education. (233) 

Other imion free school districts have their own treasurer. 
(174) 

Facilities for instruction in natural history, geogra- 
phy and kindred subjects, by means of pictorial repre- 
sentation and lectures, are free to the common schools 
of each city and village of the state that has, or may 
have a superintendent of common schools. (780) 

The local school authorities may, in their discretion, cause 
the aforesaid illustrated lectures to be repeated to their ar- 
tisans, mechanics and other citizens on the legal holidays and 
at other times. (780) 

The annual report of each school superintendent to the de- 
partment of education must contain a full statement of the 
extent to which the instructions described may be given and 
his judgment of the usefulness of the same. (781) 

In other union free schools this privilege has been granted 
only payment of necessary expenses (780) , but is to be ex- 
tended. 

The real estate owned by a free public library, 
situate in any village of the 3d or 4th class, may not 



Village] Training Schools 353 

be taxed as to that portion thereof leased or other- 
wise used for purposes of income, when such income 
is necessary for and actually applied to the mainte- 
nance and support of such library. (62: 1909) 

When bonds are sold by a union free school district 
whose boundaries are coterminous with these of an 
incorporated village or city, such bonds must be 
signed by the president and clerk of the board of ed- 
ucation and delivered to the treasurer of such village 
or city, who countersigns them and gives notice of 
the sale thereof in like manner as in the union schools. 
(430) 

The proceeds of the sale of such bonds rrmst be paid into the 
treasury of said incorporated village or city, to the credit of 
the board of education. (-130) 

A board employing a superintendent of schools, 
may establish, maintain, direct and control one or more 
training schools or classes for the professional instruc- 
tion and training of teachers in the principles of edu- 
cation and in the method of instruction for not less than 
38 weeks in each school year. (645) 

Other union free schools can maintain teachers' classes 
only when designated by the commissioner of education. 
(640) 

In cities, and villages of 5,000 population employing 
a superintendent, the lower age of compulsory attend- 
ance is 7 instead of 8, as in other districts. (530) 

In all villages children of the age of 12 and over may 
be employed during the summer vacation {Labor Law, 
Sec. 70-76, 161-67). 

This is not permitted in other districts. See page 187. 



354 Village Schools [Part III 

Children between 12 and 16 years of age employed in 
villages during the summer vacation in mercantile or other 
establishments above mentioned must secure vacation cer- 
tificates which are issued by local boards of health, the re- 
quirements being the same as for a labor certificate except 
that a school record is not required. Such children must 
be able to read and write simple sentences in the English 
language. (Idem. Sec. 162-66) 

In villages and cities which at the last preceding 
state enumeration had a population of 3,000 or more, 
no child under the age of 16 years may be employed, 
permitted or suffered to work in or in connection with 
any mercantile establishment, business office, or tele- 
graph office, restaurant, hotel, apartment house, or 
in the distribution or transmission of merchandise 
or messages, more than 59 hours in any one week, or 
more than 9 hours in any one day, or before 7 o'clock 
in the morning or after 10 o'clock in the evening of 
any day. But in cities of the 1st class no child under 
the age of 16 years may be employed, permitted or 
suffered to work in or in connection with any such es- 
tablishment after 7 o'clock in the evening of any day. 
No female employee between 16 and 21 years of age 
may be required, permitted or suffered to work in or 
in connection with any mercantile establishment 
more than 60 hours in any one week; or more than 10 
hours in any one day, unless for the purpose of mak- 
ing a shorter work day of some one day of the week; 
or before 7 o'clock in the morning or after 10 o'clock 
in the evening of any day. (36: 1909) 

This section does not apply to the employment of persons 
sixteen years of age or upward on Saturday, provided the 
total number of hours of labor in a week of any such person 



Village] The Labor Law 355 

does not exceed 60 hours, nor to the employment of such 
persons between Dec. 15 and Jan. 1. Not less than 45 
minutes shall be allowed for the noonday meal of the em- 
ployees of any such establishment. (36:1909) 

No child tinder the age of 14 years shall be employed 
or permitted to work in or in connection with any 
mercantile or other business or establishment specified 
in the preceding section, except that a child upward 
of 12 years of age may be employed therein in villages 
and cities of the 2d or 3d class during the summer va- 
cation of the public schools of the city or district 
where such establishment is situated. No child under 
the age of 16 years shall be so employed or permitted 
to work unless an employment certificate, issued as 
provided in Par. 71-73, shall have been theretofore 
filed in the office of the employer at the place of em- 
ployment of such child. (293: 1909) 

The owner, manager or agent of a mercantile or other es- 
tablishment employing children, shall keep or cause to be 
kept, in the office of such establishment, a register, in which 
shall be recorded the name, birthplace, age and place of resi- 
dence of all children so employed under the age of sixteen 
years. Such register and the certificate filed in such office 
shall be produced for inspection, upon the demand of an 
officer of the board, department or commissioner of health 
of the town, village or city where such establishment is 
situated, or if such establishment is situated in a city of the 
first class upon the demand of the commissioner of labor. 
On termination of the employment of the child so registered 
and whose certificate is so filed, such certificate must be forth- 
with surrendered by the employer to the child or its parent 
or guardian or custodian. An officer of the board, depart- 
ment or commissioner of health of the town, village or city 
where a mercantile or other establishment mentioned in this 
article is situated, or if such establishment is situated in a 



356 Village Schools [Part III 

city of the 1st class the commissioner of labor, may make 
demand on an employer in whose establishment a child ap- 
parently under the age of 16 years is employed or permitted 
or suffered to work, and whose employment certificate is not 
then filed as required by this chapter, that such employer 
either furnish him, within 10 day3, evidence satisfactory to 
him that such child is in fact over 16 years of age, or cease to 
employ or permit to suffer such child to work in such estab- 
lishment. (293:1909) 

The officer may require from such employer the same evidence of age 
of such child as is required on the issuance of an employment certificate; 
and the employer furnishing such evidence shall not be required to furnish 
any further evidence of the age of the child. A notice embodying such de- 
mand may be served on such employer personally or may be sent by mail 
addressed to him at said establishment, and if served by post shall be deemed 
to have been served at the time when the letter containing the same would 
be delivered in the oidinary course of the post. When the employer is a 
corporation such notice may be served either personally upon an officer 
of such corporation, or by sending it by post addressed to the office or the 
principal place of business of such corporation. The papers constituting 
such evidence of age furnished by the employer in response to such demand 
shall, except in cities of the first class, be filed with the board, department 
or commissioner of health, and in cities of the first class with the commis- 
sioner of labor, and a mateiial false statement made in any such paper or 
affidavit by any person shall be a misdemeanor. In case such employe 
shall fail to produce and deliver to the officer of the board, department or 
commissioner of health, or in cities of the first class to the commissioner 
of labor, within ten days after such demand such evidence of age herein re- 
quired by him, and shall thereafter continue to employ such child or permit 
or suffer such child to work in such mercantile or other establishment, prooi 
of the giving of such notice and of such failure to produce and file such evi- 
dence shall be prima facie evidence in any prosecution brought for a vio- 
lation of this article that such child is under sixteen ye?.rs of age and is un- 
lawfully employed. (293:1909) 



CHAPTER XXVII 

City Schools 

There are also some special provisions for schools 
where the district boundaries are coterminous with 
those of a city. Otherwise the provisions are the 
same as for union and village schools. 

No person may be employed or licensed to teach in 
the primary or grammar schools of any city author- 
ized by law to employ a superintendent of schools, 
(1) who has not had successful experience in teaching 
for at least 3 years, (2) or, in lieu thereof, (a) has not 
completed a 3 years' course in, and graduated from 
a high school or academy having a course of study of 
not less than 3 years, approved by the commissioner 
of education, or from some institution of learning of 
equal or higher rank, approved by the same author- 
ity, and who, (b) subsequently to such graduation, 
has not graduated from a school or class for the pro- 
fessional training of teachers, having a course of study 
of not less than 38 weeks, approved by the com- 
missioner of education. (551) 

This does not restrict any board of education of any city 
from requiring such additional quaHfications of teachers as 
said- board may determine; nor shall the provisions of this 
section preclude the board of education of any city or village 
from accepting the diploma of any state normal and 
training school of the state of New York, or a state certificate 
obtained on examination, as an equivalent for the preparation 
in scholarship and professional training herein required. (551) 

(357) 



358 City Schools [Part IV 

The board of education of any city, and in a city 
not having a board of education the officer having 
the management and supervision of the pubHc school 
system, may establish, acquire, conduct and main- 
tain as a part of the public school system of such city 
general industrial schools open to pupils who have 
completed the elementary school course or who have 
attained the age of 14 years, and trade schools open 
to pupils who have attained the age of 16 years and 
have completed either the elementary school course 
or a course in the above mentioned general industrial 
school or who have met such other requirements as 
the local school authorities may have prescribed. 
(820) 

The board of education in a city and the officer 
having the management and supervision of the pub- 
lic school system in a city not having a board of ed- 
ucation must appoint an advisory board of 5 mem- 
bers representing the local trades and industries. 
(821) 

In the first instance 2 of such members shall be appointed 
for a term of 1 year and 3 of such members shall be appointed 
for a term of 2 years. Thereafter as the terms of such mem- 
bers expire the vacancies caused thereby must be filled for a 
full term of 2 years. Any other vacancy occurring on such 
board must be filled by the appointing power named in this 
section for the remainder of the unexpired term. (821) 

It is the duty of such advisory board to counsel with and 
advise the board of education or the officer having the man- 
agement and supervision of the public school system in a 
city not having a board of education in relation to the powers 
and duties vested in such board or officer. (821, 822) 

The board of education of each city or the officer 



City] How Taxes are Raised 359 

having the management and supervision of the pub- 
lic school system in a city not having a board of ed- 
ucation must file with the common council of such 
city within 30 days after the commencement of the 
fiscal year of such city a written itemized estimate 
of the expenditures necessary for the maintenance of 
its general industrial and trade schools and the esti- 
mated amount which the city will receive from the 
state school moneys applicable to the support of such 
schools. The common council must give a public 
hearing to such persons as wish to be heard in refer- 
ence thereto. The common council must adopt such 
estimate and after deducting therefrom the amount 
of state moneys applicable to the support of such 
schools must include the balance in the annual tax 
budget of such city. (824) 

Such amount must be levied, assessed and raised by tax 
upon the real and personal property liable to taxation in the 
city at the time and in the manner that other taxes for school 
purposes are raised. The common council has power by 
a two-thirds vote to reduce or reject any item included in 
such estimate. (824) 

Boards of education in cities of not more than 30,- 
000 inhabitants are clothed with all the powers of 
trustees, and the title to any and all lands acquired 
in any city under the provisions for condemnation of 
land are vested in the board of education thereof, or 
such other corporate body as is by law vested with the 
title to the school lands in such city. (122, 124) 

A permanent census board is hereby established in 
each city of the first class. Such board consists of 
the mayor, the superintendent of schools, the police 



360 City Schools [Part IV 

commissioner or officer performing duties similar to 
those of a police commissioner. Such board has 
power to make such rules and regulations as may be 
necessary. It may appoint a secretary and such 
clerks and other employees as may be necessary to 
fix the salaries of the same. (1000) 

Stich board must ascertain through the police force, 
the residences and employments of all persons be- 
tween the ages of 4 and 18 years residing within such 
cities and report thereon from time to time to the 
school authorities of such cities. Under the regu- 
lations of such board dviring the month of October, 
1909, it is the duty of the police commissioners in the 
cities of the first class to cause a census of the chil- 
dren of their respective cities to be taken. There- 
after such census shall be amended from day to day 
by the police, precinct by precinct, as changes of 
residence occur among the children of such cities 
within the ages prescribed in this article and as other 
persons come within the ages prescribed herein and as 
other persons within such ages become residents of 
such cities, so that said board may always have on 
file a complete census of the names and residences of 
the children between such ages and of the persons in 
parental relation thereto. (1000) 

It is the duty of persons in parental relation to any 
child residing within the limits of said cities of the 
first class to report at the police station house of the 
precinct within which they severally reside, the fol- 
lowing information: 



City] The Compulsory Law 361 

1. Two weeks before any child becomes of the 
compulsory school age, the name of such child, its 
residence, the name of the person or persons in par- 
ental relation thereto, and the name and location of 
the school to which such child is sent as a pupil. 

2. In case a child of compulsory school age is for 
any cause removed from one school and sent to an- 
other school, or sent to work in accordance with the 
child labor law, all the facts in relation thereto. 

3. In case the residence of a child is removed from 
one police precinct to another police precinct, the 
new residence and the other facts required in the two 
preceding subdivisions. 

4. In case a child between the ages of 4 and 18 
become a resident of one of said cities of the first class 
for the first time the residence and such other facts 
as the census board shall required. (1000) 

Such census must include all persons between the ages of 4 
and 18 years, the day of the month and the year of the birth 
of each of such persons, their respective residences by street 
and number, the names of their parents or guardians, such 
information relating to illiteracy and to the enforcement of 
the child labor and the compulsory education law as the 
school authorities of the state and of such cities require and 
also such further information as such authorities require. 
(1000) 

A permanent census board may be established in 
any city not of the first class, in accordance with the 
provisions of this article. (1000) 

If a census board shall not be established in such 
cities, then, during the month of October, 1909, and 
in the month of October every fourth year thereafter. 



362 



City Schools 



[Part IV 



CITT OF 

Street no. 



Name of street 



Present name of child 



DEP T OF I 



Present 



Boy Girl 


Negro ? 


1 Given 




4 


12 


MONTH 

AND 

DAT 

OF BIRTH 


Jan. 




Jti 


TEAE8 


5 


13 


Feb. 


Ar 




6 


14 






Mar. 




Se 


OLD 


7 


15 


LAST 


8 


16 

17 


Apr. 




Oc 




9 


May 




Nr 


BIETHDAY 


10 


18 






June 








11 


D€ 


Is child crippled ? 




Phys. ill 


IN SCHOOL 

Public kindergarten 


P. S. no. 


Location] 


Public elementary school 


Public high school [ Name 


] 




Public truant school [ Nan 


e] 


" 


Public evening school 


P. S. no. 


" 


OUT OF SCHOOL 

Working ? Yes. No. 


Working how many years ? 


Truant Kept at work or at home illegally by parents o 


Physically or mentally una 


ble to attend schoo 


1? 


Can child read 


or wri 


te an; 


y language ? 


Yes. No. 



Name of enumerator 



City] 



Census Card 



363 



TION 


OCTOBER 1909 




le of parent or (guardian) 


Years in U. S 




Born here 


1 



u. s. 



Germany- 



England 



Ireland 



Scotland 



Wales 



France 



Norway 



Canada 



Mentallv ill 



Austria 



Russia 


Poland 


Italy 


S. Am 


Sweden 


W. Indies 



Armenia 



Bohemia 



irochial school [Name] 
ivate school [Name] 
ivate institution [Name] 
iblic institution [Name] 



[Location] 



Has child work certificate ? Yes. No. 



jrs? 



Can child read or write English ? Yes. No. 



Information refused 



362 



City Schools 



[Part IV 



City] 



Census Card 



363 



CITY OF 



dep't of education 



OCTOBER 1909 



Street no. 



Name of street 



Present name 


of child 








Present name of 


parent or (guardi, 


an) 




Years in U. S 








Born here 


Boy 


Girl 


Negro ? 




Given name 








4 


12 


MONTH 

AND 

DAY 

OF BIRTH 


Jan. 




July i 

• 1 


WHERE 

WAS 
CHILD 
BORN? 


U. S. 


France l Austria 


TEARS 


5 


13 


Feb. 


Germany- 


Russia 




Aug. 


Poland 




6 


14 






Mar. 




Sept. 1 


England 
Ireland 


Italy 






7 


15 


S. Am 


LAST 


8 


16 

17 


Apr. 




Oct 


Sweden 


W. Indies 




9 






May- 




Nov. 


Scotland 


Norway 


Armenia 


BIRTHDAY 


10 


18 




11 


June 




Dec. 1 


Wales 


Canada 


Bohemia 



Is child crippled 



Phvs. ill 



Mentallv ill 



IN SCHOOL 

Public kindergarten 



P. S. no. 



\^Locaiion] 



Parochial school [Name] 



[Location] 



Public elementary school 



Public high school [Name] 
Public truant school [ Name] 



Public evening school 



P. S. no. 




^[i^^^l g^ool [Name] 
5iX^temstitution [Name] 
Publi 



ic institution [Name] 



our OP SCHOOL 

Working? Yes. No. ^ _ 

Truant Kept at work or at home i^^^YV^^^^^^l^L^^^ 



Working how manyj^ears^ 



Has child work certificate ? Yes. No. 



Physically or mentally unable to attend school ? 



Can child read or write any language ? 



Yes. 



Can child read or write English ? 
i^rmation refused 



Yes. 



No. 



Name of enumerator 



364 City Schools [Part IV 

the school authorities of every city, not a city of the 
first class, must take a census of the children of their 
respective cities. Such census must include the in- 
formation required from the cities of the first class. 
(1000, 1001) 

A parent, guardian or other person having under 
his control or charge a child between the ages of 4 
and 18 years who withholds or refuses to give infor- 
mation in his possession relating to such child and re- 
quired under this article, or any such parent, guar- 
dian or other person who gives false information in 
relation thereto, is liable to and punished by fine 
not exceeding $20 or by imprisonment not exceeding 
30 days. (1003) 

The money required for the purpose of carrying 
this article into effect must be paid by the cities and 
school districts respectively, but, in cities in which a 
permanent census board is not established and main- 
tained, and in school districts, such moneys must be 
paid for the services rendered in the taking of the 
school census on the certificate of the state commis- 
sioner of education that such census has been satis- 
factorily taken. (1000, 1004) 

In any city of the first or second class no male 
child under 10, and no girl under 16 years of age, 
may sell or expose or offer for sale newspapers, mag- 
azines or periodicals in any street or public place. 
(30:1909) 

No male child under 14 years of age may sell or ex- 
pose or offer for sale said articles unless a permit and 
badge as hereinafter provided have been issued to 



City] The Labor Law 365 

him by the district superintendent of the board of ed- 
ucation of the city and school district where said child 
resides, or by such other officer thereof as may be of- 
ficially designated by such board for that purpose. 
(36:1909) 

This must be on the application of the parent, guardian or 
other person having the custody of the child desiring such 
permit and badge, or in case said child has no parent, guar- 
dian or custodian then on the application of his next friend, 
being an adult. Such permit and badge must not be issued 
until the officer issuing the same shall have received, exam- 
ined, approved and placed on file in his office satisfactory 
proof that such male child is of the age of 10 years upwards, 
and shall also have received, examined and placed on file 
the written statement of the principal or chief executive officer 
of the school which the child is attending, stating that such 
child is an attendant at such school, that he is of the normal 
development of a child of his age and physically fit for such 
employment, and that said principal or chief executive officer 
approves the granting of a permit and badge to such child. 
No such permit or badge is valid for any purpose except 
during the period in which such proof and written statement 
remains on file, nor is such permit or badge authority beyond 
the period fixed therein for its duration. After having re- 
ceived, examined and placed on file such papers the officer 
must issue to the child a permit and badge (36:1909) 

Principals or chief executive officers of schools in 
which children under 14 years are pupils must keep 
complete lists of all children in their schools to whom 
a permit and badge have been granted. (36:1909) 

• Such permit must state the date and place of birth of the child, the 
name and address of its parent, guardian, custodian or next friend, as the 
case may be, and describe the color of hair and eyes, the height and weight 
and any distinguishing facial mark of such child, and further state that 
the papers required by the preceding section have been duly examined and 
filed; and that the child named in such permit has appeared before the of- 



366 City Schools [Part IV 

ficer issuing the permit. The badge furnished by the officer issuing the per- 
mit must bear on its face a number corresponding to the number of the 
permit, and the name of the child. Every such permit and every such 
badge on its reverse side, must be signed in the presence of the officer issuing 
the same by the child in whose name it is issued. (36:1909) 

The badge provided for herein must be worn conspicuously at all times 
by such child while so working; and all such permits and badges shall ex- 
pire annually on Jan. 1. The color of the badge must be changed each 
year. No child to whom such permit and badge are issued may transfer 
the same to any other person nor be engaged in any city of the first or sec- 
ond class as a newsboy, or sell or expose or offer for sale newspapers, mag- 
azines or periodicals in any street or public place without having conspic- 
uously upon his person such badge, and he must exhibit the same upon de- 
mand at any time to any police, or attendance officer. (.36:1909) 

No child to whom a permit and badge are issued as provided for in 
the preceding sections may sell or expose or offer for sale any newspapers, 
magazines or periodicals after ten o'clock in the evening, or before six o'clock 
in the morning. (36;1909) 

In cities of the first or second clas^. police officers, and the regula; at- 
tendance officers appointed by the board of education who are hereby vested 
witn the powers of peace officers for the purpose, must enforce the provisions 
of this article. (36:1909) 

Any child who works in any city of the first or second class 
in any street or public place as a newsboy or who sells or ex- 
poses or offers for sale newspapers, magazines or periodicals 
in violation of the provisions hereby laid down, must be ar- 
rested and brought before a court or magistrate having jur- 
isdiction to commit a child to an incorporated charitable 
reformatory or other institution and be dealt with according 
to law. (36:1909) 

If any such child is committed to an institution, it must, when prac- 
ticable, be committed to an institution governed by persons of the same 
religious faith as the parents of such child. The permit and badge of any 
child who violates the provisions of this article may be revoked by the of- 
ficer issuing the same, upon the recommendation of the principal or chief 
executive officer of the school which such child is attending, or upon the 
complaint of any police officer or attendance officer, and such child must 
surrender the permit and badge so revoked upon the demand of any attend- 
ance officer or police officer charged with the duty of enforcing the pro- 
visions of this article. The refusal of any child to surrender such permit 
and badge, upon such demand, or the sale or offering for sale of newspapers, 
magazines or periodicals in any street or public place by any child after 
notice of the revocation of such permit and badge is deemed a violation of 
the law and subjects the child to the penalties pnvided. (36:1909) 



City] 



The Labor Law 367 



In cities of the 1st class only, in case application for 
the issuance of an employment certificate be made 
to such officer by a child's parent, guardian or cus- 
todian who alleges his inability to produce any of the 
evidence of age specified in the preceding subdivisions 
of this section, and it the child is apparently at least 
14 years of age, such officer may receive and file an 
application signed by the parent, guardian or cus- 
todian of such child for physicians' certificates. 

Such application must contain the alleged age, place and date of birth. 
and present residence of such child, together with such further facts as 
may be of assistance in determining the age of such child. Such application 
shall be filed tor not less than 90 days, after date of such application for 
such physicians' certificates, for an examination to be made of the state- 
ments contained therein, and in case no facts appear within such period or 
by such examination tending to discredit or contradict any material state- 
ment of such application, then and not otherwise the officer may direct 
such child to appear thereafter for physical examination before 2 phy- 
sicians officially designated by the board of health, and in case such phy- 
sicians shall certify in writing that they have separately examined such 
child and that in their opinion such child is at least 14 years of age such 
officer must accept such certificates as sufficient proof of the age of such 
child for the purposes of this section. In case the opinions of such phy- 
sicians do not concur, the child must be examined by a third physician and 
the concurring opinions shall be conculsive for the purpose of this section 
as to the age of such child. (36. 1909) 

Such officer must require the birth certificate in preference 
to other evidence of age unless he receives and files in ad- 
dition thereto an affidavit ol the parent showing that no evi- 
dence of age specified in any preceding subdivision or sub- 
divisions of this section can be produced. Such affidavit 
must contain the age, place and date of birth, and present 
residence of such child, which affidavit must be taken before 
the officer issuing the employment certificate, who is hereby 
authorized and required to administer such oath and who 
shall not demand or receive a fee therefor. (36;1909) 

Such employment certificate must not be issued until such child fur- 
ther has personally appeared before and been examined by the officer is- 
suing the certificate, and until such officer has after making such exam- 



368 City Schools [Part IV 

ination signed and filed in his office a statement that the child can read 
and legibly write simple sentences in the English language and that in his 
opinion the child is 14 years oi age or upwards and has reached the normal 
development of a child of its age, and is in sound health and is physically 
able to perform the work which it intends to do. In doubtful cases such 
physical fitness must be determined by a medical officer of the board or de- 
partment of health. Every such employment certificate must be signed, 
in the presence of the officer issuing the same, by the child in whose nam e 
it is issued. (36: 1909) 

Such certificate shall state the date and place of 
birth of the child, and describe the color of the hair 
and eyes, the height and weight and any distinguish- 
ing facial marks of such child, and that the papers re- 
quired by the preceding section have been duly ex- 
amined, approved and filed and that the child named 
in such certificate has appeared before the officer 
signing the certificate and been examined. (36: 1909) 

In a city of the first class or of the second class, the school authorities 
or officers designated by them, must issue to a boy lawfully in attendance 
at an evening school, an evening school certificate at least once in each 
month during the months said evening school is in session and at the close 
of the term of said evening school, provided that said boy has been in at- 
tendance upon said evening school for not less than 6 hours each week for 
such number of weeks as will, when taken in connection with the number 
of weeks such evening school is in session during the remainder of the cur- 
rent or calendar year, make up a total attendance on the part of said boy 
in said evening school of not less than 6 hours per week for a period of not 
less than 16 weeks or attendance upon a trade school for at least 8 hours 
per week for not less than 16 weeks. Such certificate must state fully the 
period of time which the boy to whom it is issued was in attendance upon 
such evening school or trade school. (36:1909) 



CHAPTER XXVIII 

The Town 

The only school matter considered at town meet- 
ings is the right to adopt a system of pensions for 
teachers. 

Upon the petition of 25 or more taxpayers of any town in 
any county of the state requesting the submission at the 
next ensuing annual town meeting of such town, made not 
less than 10 days before the accruing thereof, of the question 
of making provision by taxation upon the taxable property 
in such town for a sum of money sufficient to pay such teach- 
ers resident of such town, who have been employed in the 
common schools thereof for not less than 25 years, and have 
rendered continuous service in teaching for such period, with 
such intermission only as may have occurred in the allotment 
of school terms or from sickness, the town board of such town 
shall cause to be submitted to the taxpayers of such town, 
at the next ensuing town meeting, upon due notice thereof 
published in a newspaper printed in such town, if any paper 
be published therein, or printed or written notices posted 
in not less than 10 public places in such town, the question 
whether a sufficient sum of money be raised from the taxable 
property within such town to pay such teachers as compen- 
sation for long and meritorious service, so long as said teach- 
ers reside in such town, upon the conditions, at the times and 
in the manner hereinafter provided. (559) 

In the event of such petition being so made and presented 
to the supervisor of any town, and notice given, the town 
board must furnish the necessary ballots in number and forms 
for the use of the voters of such town at the next ensuing 
annual town meeting, and provide separate ballot boxes for 
the reception of ballots cast thereat on the question submit- 
ted. One-half of the number of said ballots shall have printed 

(869) 



370 Town Officers [PartV 

thereon, respectively "for teachers' pension fund," and the 
other half shall have printed thereon, respectively, "against 
teachers' pension fund," and such votes as may be cast shall 
be counted and returned by the officers presiding at said 
town meeting the same as other votes are counted and re- 
turned. (560) 

If a inajority of the votes so cast be found to be in favor 
of raising a sum of money sufficient to provide for such fund, 
and not otherwise, the town board of such town must im- 
mediately thereafter proceed to ascertain what teachers of 
such class are entitled to the benefits conferred by this and 
the last section and to receive their proportionate share of the 
money so voted to be paid, and said board must require of 
every person applying therefor, who has taught in the com- 
mon schools of such town for the period of 25 years or more, 
to make concise statement of the term of service, the districts 
in which he has taught and the wages, monthly or weekly, 
received during the last year in which said teacher taught, 
which statement shall be acknowledged before any officer 
qualified to take acknowledgments, and filed in the office of 
the clerk of such town. (560) 

Thereupon, and at the next annual meeting of the board 
of supervisors of the county, and at every annual meeting 
thereafter, the said board must include in the tax levy of the 
town the amount necessary in each year as estimated and re- 
ported by the town board of such town, which sum, when 
collected, must be paid over by the collector of such town, 
to the supervisors thereof, who must pay out the said money 
to each teacher found to be entitled thereto in monthly pay- 
ments equal to one-half the sum received by each such teacher 
during the last year of employment as teacher in the common 
schools of such town. (560) 

Such teachers sharing in the money so appropriated and 
paid must be allowed such amount in instalments herein pro- 
vided as long as they continue to reside in such town, but no 
longer, and they are in receiving the benefits conferred by 
this section, deemed to be retired from teaching and placed 
upon a roll kept by the town clerk of the town as superan- 



Town] Pensions 371 

nuated and retired teachers; subject, however, to the ob- 
ligation, if not physically disabled, to perform such service 
in the place of any teacher temporarily absent or disqualified, 
as the school commissioner may require and direct, without 
additional compensation. (560) 

When such vote has been against the teachers' pension 
fund, another vote on the same question may not be taken 
again within 1 year of the first vote so taken. (561) 

The only town officer whose duties are entirely con- 
nected with schools is the attendance officer. 

The town board of each town appoints subject to 
the written approval of the school commissioner of 
the district, one or more attendance officers, whose 
jurisdiction extends over all common school districts 
in the town. (535) 

The town board fixes their compensation, which is a town 
charge. (535) 

Such attendance officers, appointed by said board, are re- 
movable at the pleasure of the school commissioner in whose 
commissioner's district such town is situated. (535) 

Most of the other town officers have important du- 
ties in ;relation to schools. As the executive officer of 
the town, the supervisor, is entrusted with many 
responsibilities: 

1. To disburse the school moneys in his hands ap- 
plicable to the payment of teachers' wages, upon and 
only upon the written orders of a sole trustee or a ma- 
jority of the trustees, in favor of qualified teachers. (280) 

Whenever the collector in any school district has given 
bonds, or whenever any school district elects a treasurer, the 
supervisor must, upon the receipt by him of a copy of the 
bond executed by said collector or treasurer, certified by the 
trustees, pay over to such collector or treasurer, all moneys 



372 Town Officers [Part V 

in his hands applicable to the payment of teachers' wages 
in such district, and the said collector or treasurer must dis- 
burse such moneys so received by him upon such orders as 
are specified herein to the teachers entitled to the same. 
(171, 173, 280) See page 48. 

2. In the case of a union free school district, to pay 
all the school money apportioned thereto, to the treasurer 
of such district, upon the order of its hoard of education. 
(234, 280) 

3. To keep a just and true account of all the school 
moneys received and disbursed by him during the year, 
and to lay the same, with proper vouchers, before the 
board of town auditors at each annual meeting thereof. 
(380) 

4. To have a bound blank book, the cost of which 
shall be a town charge, and to enter therein all his 
receipts and disbursements of school moneys, specifying 
from whom and for what purpose they were received, 
and to whom and for what purposes they were paid out; 
and to deliver the book to his successor in office. (280) 

5. Within 15 days after the termination of his office, 
to make out a just and true account of all school moneys 
theretofore received by him and of all disbursements 
thereof, and to deliver the same to the town clerk, to 
be filed and recorded, and to notify his successor in of- 
fice of such rendition and filing. (280) 

6. So soon as the required bond to the county treas- 
urer has been given by him arui approved by the treas- 
urer, to deliver to his predecessor the treasurer's certifi- 
cate of these facts, to procure from the town clerk a copy 
of his predecessor's account, and to demand and receive 



Town] Supervisor 373 

from him all school moneys remaining in his hands. 
(280) 

7. Upon receiving such a certificate from his succes- 
sor, and not before, to pay to him all school moneys 
remaining in his hands, and to forthwith file the cer- 
tificate in the town clerk's office. (280) 

8. By his name of office, when the duty is not else- 
where imposed by law, to sue for and recover penalties 
and forfeitures imposed for violations of this chapter, 
and for any default or omission of any town officer 
or school district board or officer under this chapter; 
and after deducting his costs and expenses to report 
the^ balances to the school commissioner. (280) 

9. To act, when thereto legally required, in the erec- 
tion or alteration of a school district, mid to perform 
any other duty which may be devolved upon him relating 
to common schools. (2, 280) 

10. To take and Iwld possession of the gospel and 
school lots of their respective town. (280) 

11. To lease the same for such time not exceeding 
21 years, and upon such conditions as they shall deem 
expedient. (280) 

12. To sell the same with the advice and consent of 
the inhabitants of the town, in town-meeting assembled, 
for such price and upon such terms of credit as shall 
appear to them, most advantageous. (280) 

13. To invest the proceeds of such sales in loans, 
secured by bond and mortgage upon unincumbered 
real property of the value of double the amount loaned. 
(280) 

14. To purchase the property so mortgaged upon a 



374 Town Officers [Part V 

foreclosure and to hold and convey the property so pur- 
chased whenever it shall become necessary. (280) 

15. To reloan the amount of such loans repaid to 
them upon the like security. (280) 

16. To apply the rents and profits of such lots, and 
the interest of the money arising from the sale thereof, 
to the support of schools, as may he provided by law, 
in such manner as shall be thus provided. (280) 

17. To render a just and true account of the pro- 
ceeds of the sales and the interest on the loans thereof, 
and of the rents and profits of such gospel and school 
lots, and of the expenditure and appropriation thereof, 
on the last Tuesday next preceding the annual town- 
meeting of each year, to the town board. (280) 

18. To deliver over to his successor in office, all 
books, papers and securities relating to the same, at 
the expiration of their respective offices. (280) 

19. To take therefor a receipt, which shall be filed 
in the clerk's office of the town; and, (280) , 

20. To commence and prosecute in and by the name 
and style of the supervisor oj the town any suits against 
any of his predecessors in office or against any other 
person to recover any debt, dues or demands in any wise 
arising from such public lot. (280) 

No such suit shall abate by the death, resignation or re- 
moval from office of the said supervisor but the same shall 
and may be prosecuted to judgment and execution by his 
successor in office. (280) 

Whenever a town having lands assigned to it for the sup- 
port of the gospel or of schools is divided into two or more 
towns, or altered in its limits by the annexing of a part of 



Town] Supervisor 375 

its territory to other towns, such lands must be sold by the 
supervisor of the town, in which such lands were included 
immediately before such division or alteration; and the pro- 
ceeds thereof apportioned between the towns interested there- 
in, in the same manner as the other public moneys of towns, 
so divided or altered, are apportioned. The shares of such 
moneys, to which the towns shall be respectively entitled, 
must be paid to the supervisors of the respective towns, and 
thereafter be subject to the provisions of this article. (281, 2) 

21. To meet to equalize assessments in districts 
embracing two or more towns. (384) 

22. To issue ivarrants upon the county treasurer 
for the tax on bank stock due each district. (62: 1909) 

23. To apportion railroad valuation among the dis- 
tricts of a town when the assessors fail to do so. (62 :1909) 

24. To levy unpaid district taxes upon the lands 
on which they were imposed. (407-10) 

Immediately on receiving the school commission- 
ers' certificates of apportionment, the county treas- 
urer must require of each supervisor, and each super- 
visor must give to the treasurer, in behalf of the town, 
his bond, with two or more sufficient sureties, ap- 
proved by the treasurer, in the penalty of at least 
double the amount of the school moneys set apart or 
apportioned to the town, and of any such moneys 
unaccounted for by his predecessors, conditioned for 
the faithful disbursement, safe-keeping and account- 
ing for such moneys, and of all other school moneys 
that may come into his hands from any other source. 
(283) 

If the condition shall be broken the county treasurer must 
sue the bond in his own name, in behalf of the town, and the 



376 Town Officers [Part V 

money recovered must be paid over to the successor of the 
supervisor in default, such successor having first given se- 
curity as aforesaid. Whenever the office of a supervisor 
becomes vacant, the county treasurer must require the per- 
son elected or appointed to fill such vacancy to execute a 
bond, with two or more sureties, to be approved by the treas- 
urer, in the penalty of at least double the sum of the school 
moneys remaining in the hands of the old supervisor, when 
the office became vacant, conditioned for the faithful dis- 
bursement and safe-keeping of and accounting for such 
moneys. But the execution of this bond does not relieve 
the supervisor from the duty of executing the bond first 
above mentioned. 

The refusal of a supervisor to give such security is a mis- 
demeanor, and any fine imposed on his conviction thereof 
is for the benefit of the common schools of the town. Upon 
such refusal, the moneys so set apart and apportioned to the 
town must be paid to and disbursed by some other officer or 
person to be designated by the county judge, under such 
regulations and with such safeguards as he may prescribe, 
and the reasonable compensation of such officer or person, to 
be adjusted by the board of supervisors, shall be a town 
charge. (283) 

On the 1st Tuesday of March in each year, each 
supervisor must make a return in writing to the 
county treasurer for the use of the school commission- 
ers, showing the amounts of school moneys in his 
hands not paid on the orders of trustees for teachers' 
salaries, and the districts to which they stand accred- 
ited, and if no such moneys remain in his hands, he 
shall report that fact; and thereafter he must not pay 
out any of said moneys until he has received the cer- 
tificate of the next apportionment; and the moneys 
so returned by him must be reapportioned. (285, 
451) 



Town] Town Clerk 377 

The supervisor must be allowed and paid in the 
same manner as other town charges are allowed and 
paid, a fee of one per centum on all moneys paid out 
by him as such supervisor, including school moneys 
disbursed by him. But no such fees are allowed or 
paid upon moneys paid over by him to his successor 
in office. Such fees are in full compensation for all 
services rendered by him in respect to moneys re- 
ceived and paid out by him as such supervisor. (63 : 
1909) 

For meeting to equalize taxes he receives $3 a day. (384) 

The school duties of town clerk are: 

1. To keep all hooks, maps, papers and records 
of his office touching common schools, and forthwith 
to report to the supervisor any loss or injury to the same. 
(260) 

2. To receive from the supervisors the certificates 
of apportionment of school moneys to the town, and to 
record them, in a book to he kept for that purpose. (260) 

3. To notify forthwith the trustees of the several 
school districts of the filing of each such certificate. (260) 

4. To see that the trustees of the school districts make 
and deposit with him, their annual reports within the 
time prescribed by law, and to deliver them to the sciiool 
commissioner on demand. (260) 

He must furnish the school commissioner of the school 
commissioner district in which his town is situated the names 
and post-office address of the school district officers reported 
to him by the district clerks. (260) 

5. To distribute to the trustees of the school districts 
all books, blanks and circulars which are delivered or 



378 Town Officers [Part V 

forwarded to him by the commissioner of education or 
school commissioner for that purpose. 

6. To receive from, the supervisor, and record in a 
book kept for that purpose, the annual account of the 
receipts and disbursements of school moneys required 
to be submitted to the town auditors, together with the 
action of the town atiditors thereon. (260) 

He must send a copy of the account and of the action 
thereon, by mail, to the commissioner of education whenever 
required by him, and file and preserve the vouchers accom- 
panying the account. (260) 

He must also file the tax list and warrant returned by a 
collector to the trustees. (411) 

7. To receive and to record, in the same book, the 
supervisor's final account of the school moneys received 
and disbursed by him, and deliver a copy thereof to 
such supervisor's successor in office. (260) 

8. To receive from the outgoing supervisor, and file 
and record in the same book, the county treasurer's 
certificate, that his successor's bond has been given and 
approved. (260) 

9. To receive, file and record the descriptions of the 
school districts, and all papers and proceedings delivered 
to him by the school commissioner . (260) 

10. To act, when thereto legally required, in the erec- 
tion or alteration of a school district. (25, 260) 

11. To receive and preserve the books, papers and 
records of any dissolved school district deposited in his 
office. (260) 

12. To perform any other duty which may be de- 
volved upon him. (260) 



Town] Assessors 379 

The necessary expenses and disbursements of the 
town clerk in the performance of his said duties, are 
a town charge, and to be audited and paid as such. 
(261) 

The school commissioner's oath of ofihce is taken 
before the county clerk. (363) 

The assessors also have relations with the school 
law. 

Their valuation of town property is a basis for the 
valuation by trustees. (382, 305) 

They apportion among the districts the valuation 
of railroad, telegraph, telephone, and pipe line com- 
panies and file the valuation with the town clerk, as 
a basis for taxation. (62: 1909) 

If they fail to do so, the trustees mtiy require the super- 
visor to make such apportionment. (62: 1909) 



CHAPTER XXIX 
The School Commissioner 

The county judge is required : 

To fill any vacancy that occurs in the county in the 
office of school commissioner. (305) 

The county clerk is required: 

To forward to the commissioner of education a 
duplicate certificate of the election or appointment 
attested by their signature and the seal of the coun- 
ty as soon as they have official notice of the elec- 
tion or appointment of a school commissioner, for 
any district in their county. (302) 

To give notice to the county judge as soon as he 
hears of a vacancy in the office of school commis- 
sioner. (305) 

To keep the reports of school trustees. (314) 

The county treasurer is required: 

To receive the county tax upon bank stock, and 
on order of the supervisors to pay out the same due 
each district. (62: 1909) 

To receive from the collectors the assessment rolls 
against railroad companies and pay over to the col- 
lector the taxes paid on the same. (399-402) 

To pay to the collectors the amount of district 
taxes remaining unpaid. (407) 

He receives no fees for taxes credited back on forest lands. 
(62:1909) 

(380) 



County] Commissioner District 381 

The only county officer whose duties are entirely 
connected with schools is the school commissioner. 

He is the intermediary between the commissioner of edu- 
cation and the school districts ; his powers and duties are many 
and responsible. 

Every county, unless wholly a city, contains one 
or more school commissioner districts. (301) 

No city is included in, or forms a part of any school 
commissioner district. (301) 

In any school commissioner district that contains 
more than 100 school districts, the board of super- 
visors may divide the district, within the county, and 
erect therefrom an additional district; when it con- 
tains more than 200 districts they must so divide 
it (C. L. eh. 16) ; and when such district has been 
formed a school commissioner for such district must 
be elected as provided by law. (301) 

A school commissioner for each school commission- 
er district must be elected by the electors thereof, 
at the general election held each third year dating 
from the one held in the year 1908. (302) 

Any person (1) of full age, (2) a citizen of the 
United States, a resident (3) of the state, and (4) of 
the county in which a school commissioner district 
is situated, is eligible to the office of school commis- 
sioner. (302) 

No person is deemed ineligible to such office by reason of 
sex who has the other qualifications. 

The term of office of such school commissioner 
begins on Jan. 1 next after his election, and is for 3 
years, and until his successor qualifies. (303) 



382 School Commissioner [Part VI 

Every person elected to the office, or appointed to fill a 
vacancy, must take the oath of office prescribed by the con- 
stitution, before the county clerk or before any officer author- 
ized to take, within this state, the acknowledgment of the 
execution of a deed of real property, and file it with the 
county clerk; and if he omits so to do, the office is deemed 
vacant. (303) 

The school commissioners are subject to such rules 
and regulations as the commissioner of education 
may, from time to time, prescribe, and appeals from 
their acts and decisions may be made to him, as here- 
in provided. (314) 

They must, whenever required by the commissioner of 
education, report to him as to any particular matter or act, 
and severally make to hiin annually, Aug. 1 in each year, a 
report in such form and containing all such particulars as he 
shall prescribe and call for. (3 14) 

For that purpose, they must procure the reports of the 
trustees of the school districts from the town clerk's offices, 
and, after abstracting the necessary contents thereof, arrange 
and indorse them properly and deposit them, with a copy 
of their own abstract thereof, in the office of the county clerk, 
and the clerk shall safely keep them. (314) 

No school commissioner may be directly or in- 
directly engaged in the business of a publisher of 
school books, maps or charts, or of a bookseller, or 
in the manufacture or sale of school apparatus or 
furniture; nor may he act as agent for an author, 
publisher, or bookseller, or dealer in school books, 
maps or charts, or manufacturer of or dealer in any 
school furniture or apparatus; nor directly or indi- 
rectly receive any gift, emolument, reward or prom- 
ise of reward, for his influence in recommending or 
procuring the use of any book, map or chart, or 



County] Must not act as Agent 383 

school apparatus, or furniture of any kind whatever, 
in any common or union free school, or the purchase 
of any books for a school district library. (315) 

Any violation of this provision, or of any part thereof, shall 
be a misdemeanor; and any such violation shall subject such 
commissioner to removal from his office by the commissioner 
of education. (315) 

In the case of Commissioner John C. Rockwell of 
Westchester county it was decided that a commission- 
er may not conduct a teachers' agency and receive 
pay for placing teachers. 

Commissioner Draper wrote to him April 19, 1906, ordering 
him to appear at Albany, saying it appeared: 

"1st. That in November or December 1903, Florence 
Earle Clark was appointed a teacher in school district No. 3, 
town of Rye, in the first school commissioner district of 
Westchester County, at a salary of $600 per year; that soon 
thereafter you sent her a bill of $30 for services in aiding her 
to obtain the appointment, and that such bill was paid by 
the said Florence Earle Clark and accepted by you. * * * * 

"9th. That at the time each of the foregoing appoint- 
ments of teachers were made in this said district No. 3, town 
of Rye, you were the school commissioner of the first school 
commissioner district of Westchester County, and that the 
said school district No. 3, town of Rye, is within the said 
school commissioner district, and subject to your supervision." 

Mr. Rockwell appeared, and on May 8 this decision was 
rendered: ''It is distinctly said that such course is abhorrent to 
the manifest spirit and intent of the law and to the moral needs 
of the situation. * * * 

"The conclusion is that the school commissoner must retire 
from the office within 30 days unless within that time he 
satisfies the department that he has abandoned and wholly 
divested himself of all interests in the business of securing 
places for teachers or pay ; for that in the advent of failure 
to do this, the order of removal will follow." 



384 School Commissioner [Part VI 

Whenever it shall be proved to his satisfaction that 
any school commissioner or other school officer has 
been guilty of any wilful violation or neglect of duty 
under this chapter, or any other act pertaining to 
common schools, or wilfully disobeying any decision, 
order or regulation the commissioner of education 
may remove such school commissioner or other school 
officer from his office. (338: see 303) 

He may at any time vacate his office by filing his resigna- 
tion with the county clerk. His removal from the county, or 
the acceptance of the office of supervisor, town clerk or trus- 
tee of a school district, vacates his office. (140, 304) 

So soon as he has notice of the existence of a vacancy in the office of school 
commissioner, the county clerk gives notice thereof to the county judge, or, if 
that office be vacant, to the commissioner of education. In case of a va- 
cancy the county jvidge, or, if there be no county judge, then the commis- 
sioner of education must appoiftt a school commissioner, who shall hold his 
office until Jan. 1 succeeding the next general election, and until his suc- 
cessor, vifho shall be chosen at such general election, shall have qualified. 
A person elected to fill a vacancy holds the office only for the unexpired 
term. (305) 

He receives an annual salary of $1,000 payable 
quarterly out of the free school fund appropriated for 
this purpose. (306) 

Whenever a majority of the supervisors from all the towns 
composing a school commissioner district adopt a resolution 
to increase the salary of their school commissioner beyond the 
$1000 payable to him from the free school fund, it is the duty 
of the board of supervisors of the county to give effect to such 
resolution, and they must assess the increase stated therein 
upon the towns composing such commissioner district, rat- 
ably, according to the corrected valuations of the real and 
personal estate of such towns. (307) 

The board of supervisors must annually audit and allow 
to each school commissioner within the county a fixed sum 
of at least $200 for his expenses, and assess and levy that 



County] Duties 385 

amoiant annually, by tax upon the towns composing his dis- 
trict. (308) 

Whenever the commissioner of education is satisfied that 
a school commissioner has persistently neglected to perform 
his duties, he may withhold his order for the payment of the 
whole or any part of such commissioner's salary as it becomes 
due, and the salary so withheld is forfeited ; b\it the commis- 
sioner of education may remit the forfeiture, in whole or in 
part, upon the school commissioner disproving or excusing 
such neglect. (309) 

The school commissioner has power, and it is his 
duty: 

1. From time to tim-e to inquire into and ascertain 
whether the boundaries of the school districts within his 
district are definitely and plainly described in the rec- 
ords of the proper town clerks. (313) 

In case the records of the boundaries of any school district 
are found defective or indefinite, or if the same shall be in 
dispute, then he must cause the same to be amended, or an 
amended record of the boundaries to be made. (313) 

All necessary expenses incurred in establishing such amended 
records are a charge upon the districts aflfected, to be audited 
and allowed by the trustees thereof, upon the certificate of 
the school commissioner. (313) 

2. To visit and examine all the schools and school 
districts within his district as often in each year 
as shall be practicable; to inquire into all matters re- 
lating to the management, the course of study and mode 
of instruction, and the text-books and discipline of such 
schools, and the condition of the school-houses, sites, 
out-buildings and appurtenances, and of the district 
generally; to examine the school libraries; to advise with 
and counsel the trustees and other officers of the district 



386 School Commissioner [Part VI 

in relation to their duties, and particularly in respect 
to the construction, heating, ventilating and lighting 
of school-houses, and the improving and adorning of the 
school grounds connected therewith; and to recommend 
to the trustees and teachers the proper studies, discipline 
and management of the schools, and the course of in- 
struction to be pursued. (313) 

3. Upon such examination, to direct the trustees to 
make any alterations or repairs on the school-house 
or out-buildings which shall, in his opinion, be necessary 
for the health or comfort of the pupils. (313) 

The expense of making such alterations or repairs shall, 
in no case, exceed the sum of $200, unless an additional sum 
shall be voted by the district. (313) 

4. To direct the trustees to make any alterations or 
repairs to school furniture, or when in his opinion any 
furniture is unfit for use and not worth repairing, or 
when sufficient furniture is not provided, to direct that 
new furniture shall be provided as he may deem, neces- 
sary. (313) 

The expense of such alterations, repairs or additions to 
furniture must not in any one year exceed the sum of $100. 
(196, 313) 

5. To direct the trustees to abate any nuisance in or 
upon the premises, provided the same can be done at 
an expense not exceeding $25. (196, 313) 

6. To examine and license teachers. (313) 

Under such rules and regulations as have been or may be 
prescribed by the commissioner of education, he examines 
persons proposing to teach common schools within his dis- 
trict, and not possessing the certificate of qualification of the 
commissioner of education or an unannuUed certificate of a 



County] Duties 387 

former superintendent of public instruction or a diploma of 
a state normal school, and inquires into their moral fitness 
and capacity, and, if he finds them qualified, grants them 
certificates of qualification, in forms prescribed by the com- 
missioner of education (553). See pages 84-94. 

No certificate may be granted to any person to teach in the 
public schools of this state, who has not passed a satisfactory 
exa4nination in physiology and hygiene, with special refer- 
enco to the effects of alcoholic drinks, stimulants and narcotics 
upon the human system. (553) 

No certificate may be granted to any person under the age 
of 16 years. (553) 

Nor is any person qualified to teach under the age of 18. 
(550) 

7. To revoke a teacher* s certificate. (313) 

A school commissioner must examine any charge affecting 
the moral character of any teacher within his district, first 
giving such teacher reasonable notice of the charge, and an 
opportunity to defend himself therefrom; and if he finds the 
charge sustained, he must annul the teachers' certificate, by 
whomsoever granted, and declare him unfit to teach. (554) 

If the teacher holds a certificate of the commissioner of ed- 
ucation or of a former superintendent of public instruction 
or a diploma of a state normal school, he must notify the 
commissioner of education forthwith of such annulment and 
declaration. (554) 

8. To condemn a school-house (115, 313). See 
page 24. 

9. And, generally, to use his utmost influence and 
most strenuous exertions to promote sound education, 
elevate the character and qualifications of teachers, im- 
prove the means of instruction and advance the interests 
of the schools wnder his supervision. (313) 

10. To notify all teachers, trustees, boards of educa- 
tion and others known to him, who may desire to become 



388 School Commissioners [Part VI 

teachers under his jurisdiction, of the time when and 
the place where the institute will be held. (621) 

11. To make all necessary arrangements for holding 
the institute when appointed. (621) 

The commissioner of education appoints an institute once 
in each year in each school commissioner district of the 
state, for the benefit and instruction of the teachers in the 
public schools, and of such as intend to become teachers, 
with special reference to the presentation of subjects relating 
to the principles of education and methods of instruction in 
the various branches of study pursued in the schools. After 
consultation with the school commissioners, he determin.. 
the duration of each institute and designates the time and 
place of holding the same; he employs suitable persons, at a 
reasonable compensation, to supervise and conduct the in- 
stitutes, and provides additional instruction as needed. (620) 

The school commissioner must see that a suitable room is 
provided ; attend to all necessary details connected therewith ; 
assist the conductor in organization ; keep a record of all teach- 
ers in attendance ; and notify the trustees of the number of 
days attended by the teachers of the various districts, which 
are the basis of pay to such teacher for attendance. (621) 

He must transmit to the commissioner of education at the 
close of each institute, in such form, and within such time 
as such commissioner shall prescribe, a full report of the in- 
stitute, including a list of all teachers in attendance, the num- 
ber of days attended by each teacher, with such other statis- 
tical information as may be required. (621) 

He must present a full statement of all expenses incurred 
by him in carrying on the institute, with vouchers for all 
expenditures made, accompanying the same by an affidavit 
of the correctness of statements made and of accounts pre- 
sented. (621) 

The treasurer will pay, on the warrant of the comptroller, 
to the order of any one or more of the school commissioners, 
such sum of money as the commissioner of education shall 



County] Teachers' Institutes 389 

certify to be due to them for expenses in holding a teachers' 
institute ; and upon the Hke warrant and certificate will pay 
to the order of any persons employed by the commissioner 
of education as additional instructors to conduct, instruct, 
teach or supervise any such teachers' institute. (626) 

In 1905 George Turner Miller of Chemung county was re- 
moved from office for failing to pay over promptly the 
money sent hiin for institute expenses. 

He has the right to hold an institute when ap- 
pointed in any school building in any district under 
his jurisdiction which receives public money from the 
state, without expense therefor to the state beyond 
a reasonable allowance to said district for lighting, 
heating, and janitor service. (622) 

Due and proper care shall be maintained, and the school 
building left in the like condition as found as regards cleanli- 
ness and neatness. (113, 622) 

Any person under contract to teach in a school in 
any commissioner district, is required to attend an 
institute if held for that district, even though at the 
time the school is not in session, and is entitled to 
receive wages for such attendance. (625) 

Wilful failure on the part of a teacher to attend 
a teachers' institute as required, is considered suffi- 
cient cause for the revocation of such teacher's li- 
cense. (625) 

Wilful failure on the part of trustees to close their 
schools during the holding of an institute as required, 
is considered sufficient cause for withholding the 
public moneys to which such districts would other- 
wise be entitled. (623) 

12. To visit and examine training classes. (644) 



390 School Commissioners [Part VI 

Each class organized in any academy or union 
school under appointment by the commissioner of ed- 
ucation for instruction in the science and practice of 
common school teaching, is subject to the visitation 
of the school commissioner of the district in which 
such academy or union school is situated. (644) 

It is the duty of said school commisioner to advise and 
assist the principals of said academies or union schools in the 
organization and management of said classes, and at the close 
of the term of instruction of said classes, under the direction 
of the commissioner of education, to examine the students in 
such classes, and to issue teachers' certificates to such as show 
moral character, fitness and scholastic and professional qual- 
ifications, worthy thereof. (644) 

13. To accept resignation of district officers. (148) 

14. To fill vacancy in the office of trustee ivhich has 
not been supplied within 1 month by district meeting. 
(150, 152) 

15. To ascertain the tax rate of each tax district and 
determine the proportion of the tax on bank stock to 
which each district is entitled. (62: 1909) 

16. To approve of expenditure by trustees for water 
closets. (116) 

He has power to take affidavits and administer 
oaths in all matters pertaining to common schools, 
but without charge or fee; and under the direction 
of the commissioner of education to take and report 
to him the testimony in any case of appeal. (312) 

When so directed by the commissioner of educa- 
tion he has "power to issue subpoenas to compel the 
attendance of witnesses. (312) 



County] Oaths and Subpoenas 391 

Service of said subpoenas must be made a reasonable time 
before the time therein named for the hearing, by exhibiting 
the same to the person so served, with the signature of the 
school commissioner attached, and by leaving with such per- 
son a copy thereof. The person so served is entitled to re- 
ceive from the person or oflficer at whose instance he is sub- 
poenaed, at the time of service, the same fees as are pro- 
vided by law for witnesses in courts of record. Disobedience 
of such subpoena subjects the delinquent to a penalty of 
$25, which must, unless sufficient excuse is shown, upon the 
certificate of the school commissioner showing such facts, 
be imposed by the connty judge of the county in which such 
school commissioner resides, and be paid forthwith to the 
county treasurer for the benefit of the poor of the county, or, 
in case such penalty be not paid, such delinquent must stand 
committed to the county jail of the county for the period of 
25 days, unless sooner paid. (312) 

A school commissioner may, upon the written request of 
the school commissioner of an adjoining district, perform 
any of his duties for him, and upon requirement of the com- 
missioner of education must perform the same. (310) 

All the rights, powers and duties conferred upon school 
commissioners extend to all districts organized under special 
acts. (311) 

On Dec. 1, 1909, William H. Woodward of the 3d 
district of Albany county was removed from office 
for failing to file the trustees' reports, and other 
negligence. 



CHAPTER XXX 
The Commissioner of Education 

Incidentally the comptroller has much to do with 
schools. 

He gives his warrant to the county treasurer for 
unpaid taxes (410). See page 69. 

He transfers the funds which make up the educa- 
tion fund (58 : 1099) . See page 265. 

He gives warrant for the payment of money appro- 
priated by the legislatiure (58:1909). Seepages 265-6. 

He may withhold payment of school moneys till 
satisfied that the county has paid into the state 
treasury the money required to be raised for schools 
(460). See page 273. 

He gives his warrant for payment of the public 
library money (1043). See page 33. 

He receives from the regents vouchers for proper 
expenditure for free libraries (1043). See page 33. 

The state treasurer handles most of the school 
funds. See pages 266, 273. 

He pays the school tax levied upon lands in the 
forest preserves (62:1909). See page 59. 

He pays out the public library money from the U. 
S. deposit fund (1043). See page 33. 

The forest, fish and game commission must ap- 
prove in writing the erection of a school-house on 
state lands. (62:1909), and may grant certificates 
to collect birds (24:1909). See pages 59, 414. 

(392.^ 



State] Secretary Board of Regents 393 

The commissioner of education is the chief school 
officer of the state, and wields far greater power than 
any school officer in any other state. 

While no express authority was given the com- 
missioner of education to establish regulations as to 
the management of public schools, he has the power 
to make such regulations as are consistent with the 
general purpose of the state and not inconsistent with 
the laws of the state. (184 NY 421) 

He serves during the pleasure of the board of re- 
gents and all vacancies in the office are filled by ap- 
pointment of the board of regents. (330) 

He may be elected or appointed without regard to the place 
of his residence, whether it be within or without the state 
of New York. He receives an annual salary of $7500 and 
$1500 for traveling and other expenses. (330) 

All the powers and duties of the board of regents 
in relation to the supervision of elementary and sec- 
ondary schools, including all schools, except colleges, 
technical and professional schools, are devolved upon 
the commissioner of education, who is the secretary 
and the executive officer of the board of regents. (331) 

To recapitulate all the powers and duties of the 
commissioner of education would be to repeat a large 
part of this volume, for on almost every page there is 
some reference to his final authority. For instance: 

He may modify or vacate a school commissioner's order 
changing district boundaries (25). See page 10. 

He inay order special district meetings (85). See page 16. 

He receives copies of orders of condemnation (115). See 
page 24. 

He must approve of plans of schoolhouses costing $500 
(111). See page 25. 



394 Commissioner of Education [Part VI 

He may approve of accepting conditional gift for library 
(1029). See page 29. 

He makes rules for the use of the school library (1045). 
See page 43. 

He receives reports of school libraries (1045). See page 34 

He may withhold public money when library money is 
improperly used (1051). See page 35. 

He approves of contracts to instruct children of a neigh- 
boring district (600). See page 38. 

He designates what inust appear in trustees' reports (62). 
See page 43. 

He may remove any school officer for cause (338) . See 
pages 52, 72. Or library trustees (1040). See page 32. 

He approves of gifts for libraries (1034). See page 30. 
Or of transfer of libraries (1029). See pages 31, 34. 

He may suspend the rights of libraries to money and books 
(1040). See page 31. 

He may prescribe rules for lending books from the state 
library (1041). See page 32. 

He may provide for giving advice to libraries (1041). 
See page 32. And charge non-residents for it (1042). See 
page 32. 

He apportions library money (1043). See page 33. And 
school money (541). See pages 266, 75. 

These are only illustrations of his powers from a 
few pages; the entire school law is largely an exem- 
plification of his powers. But some of the more 
important are as follows: 

1. He has power to create such departments as in 
his judgment are necessary. (331) 

He appoints deputies and heads of such departments, sub- 
ject to the aproval of the regents. Such heads of depart- 
ments appoint, subject to approval by the commissioner of 
education, such subordinates in their respective departments 
as in their judgment are necessary. (331) 



State] Cornell University 395 

2. He is responsible for the safe keeping and proper 
use of the university seal and of the books, records and 
other property in charge of the regents, and for the 
proper administration and discipline of the various 
offices and departments of the university. (331) 

3. He is ex officio a trustee of Cornell university. 
(331) 

The board of trustees is made up of the governor, the lieu- 
tenant-governor, the speaker of the house of assembly, the 
commissioner of education, the president of the state agricul- 
tural society, the commissioner of agriculture, the librarian 
of the Cornell library and the president of the university, 
ex-officio, and the eldest lineal male descendant of Ezra Cor- 
nell is a trustee thereof during his life. To fill the vacancies 
in the board existing among the elective trustees, the gover- 
nor appoints subject to confirmation by the senate, one trus- 
tee for the term of 5 years, whose term of office begins at the 
expiration of the term of the retiring trustee. In the event 
of a vacancy occurring among the trustees appointed by the 
governor, by death and otherwise, the governor, subject to 
confirmation by the senate, as provided aforesaid, appoints 
a trustee to fill the vacancy for the unexpired term. (1121) 

There are also 26 elective trustees, \5 of whom sfiall be elected by the 
board of trustees, and 10 by the alumni of said university and one each 
year by the executive committee of the New York state grange at the an- 
nual meeting of said grange, for a term of one year, his term of office to begin 
at the first commencement week subsequent to his election. (1121) 

At no time shall a majority of the board be of any one religious sect or 
of no religious sect. (1121) 

The Cornell farm and grounds consists of not less 
than 200 acres. (1122) 

For the protection of the grounds, farm buildings and prop- 
erty of the university, the supervisor of the town of Ithaca 
may appoint, upon the recommendation of the board of 
trustees, not more than 3 suitable persons, as special con- 
stables, who shall have and exercise within the boundaries of 



396 Commissioner of Education [Part VII 

such university grounds, the powers and duties of constables 
of towns, and whose compensation shall be regulated and paid 
by said board of trustees of the university. (1122) 

The leading object of Cornell university is to teach 
such branches of learning as are related to agricul- 
ture and the mechanic arts, including military tac- 
tics; in order to promote the liberal and practical ed- 
ucation of the industrial classes in the several pursuits 
and professions in life. (1123) 

But such other branches of science and knowledge may be 
embraced in the plan of instruction and investigation per- 
taining to the university as the trustees deem useful and 
proper. (1123) 

The university is authorized to establish faculties, depart- 
ments and branches and carry on its work at any places in 
this state and to confer any and all literary, scientific, tech- 
nical and professional degrees, and in testimony thereof 
award certificates and diplomas. 

Persons of every religious denomination, or of no re- 
ligious denomination, shall be equally eligible to all offices and 
appointments. (1123) 

The trustees make all the reports and perform such 
other acts as may be necessary to conform to the act 
of congress entitled "An act donating public lands to 
the several states and territories which may provide 
colleges for the benefit of agriculture and the mechanic 
arts" approved July 2, 1862. (1125) 

It is subject to visitation of the regents of the university 
of the state of New York. (1125) 

The several departments of study in Cornell uni- 
versity are open to applicants for admission thereto 
at the lowest rates of expense consistent with its wel- 
fare and efficiency, and without distinction as to 



State] Cornell Examinations 397 

rank, class, previous occupation or locality. (1127) 
With a view to equalize its advantages to all parts 
of the state, the institution must receive students to 
the number of one each year from each assembly 
district in this state, to be selected by examination, 
and give them instruction in any or in all the pre- 
scribed branches of study in any department of said 
institution, free of any tuition fee or of any incidental 
charges to be paid to said university, unless such in- 
cidental charges shall have been made to compensate 
for materials consumed by said students or for dam- 
ages needlessly or purposely done by them to the 
property of said university. (1127) 

This free instruction is accorded to said students 
in consideration of their superior ability, and as a re- 
ward for superior scholarship in the academies and 
public schools of this state. (1127) 

Such students are selected as the legislature may 
from time to time direct, and until otherwise ordered 
as follows: 

1. A competitive examination, under the direction of the 
education department, is held at the county court-house in 
each county of the state, upon the 1st Saturday in June, in 
each year, by the city superintendents and the school com- 
missioners of the county. (1127) 

2 None but pupils of at least 16 years of age and of 6 
months' standing in the common schools or academies of the 
state, during the year immediately preceding the examina- 
tion, are eligible. (1127) 

3. The examination is upon such subjects as may be des- 
ignated by the president of the university. Question papers 
prepared by the education department are used, and the ex- 
amination papers handed in by the different candidates are 



398 Commissioner of Education [Part VII 

retained by the examiners and forwarded to the education 
department. (1127) 

The examiners must, within 10 days after such examina- 
tion, make and file in the education department a certificate, 
in which they name all the candidates examined and specify 
the order of their excellence, and such candidates in the order 
of their excellence, become entitled to the scholarships be- 
longing to their respective counties. (1127) 

5. In case any candidate who may become entitled to a 
scholarship fails to claim the same, or fails to pass the en- 
trance examination at the university, or dies, resigns, absents 
himself without leave, is expelled or, for any other reason, 
abandons his right to or vacates such scholarship either before 
of after entering thereupon, then the candidate certified to 
be next entitled in the said county becomes entitled to the 
same. (1127) 

In case any scholarship belonging to any county is not 
claimed by any candidate resident in that county, the com- 
missioner of education may fill the same by appointing 
thereto some candidate first entitled to a vacancy in some 
other county, after notice has been served on the superin- 
tendent or commissioners of schools of said county. In 
any such case, the president of the university must at once 
notify the commissioner of education and the officer must 
immediately notify the candidate next entitled to the vacant 
scholarship of his right to the same. (1127) 

6. Any state student who makes it appear to the satisfac- 
tion of the president of the university that he requires leave 
of absence, for the purpose of earning funds with which to 
defray his living expenses while in attendance, may, in the 
discretion of the president, be granted such leave of absence, 
and may be allowed a period not exceeding 6 years from the 
commencement thereof for the completion of his course at 
said university. (1127) 

7. In certifying the qualifications of the candidates, pref- 
erence is given, where other qualifications are equal, to the 
children of those who have died in the military or naval ser- 
vice of the United States. (1127) 



state] Cornell Examinations 399 

8. Notices of the time and place of the examinations are 
given in all the schools having pupils eligible thereto, prior 
to Jan. 1 in each year, and must be published once a week, 
for 3 weeks, in at least 2 newspapers in each county immed- 
iately prior to the holding of such examinations. The cost 
of publishing such notices and the necessary expenses of 
such examination are a charge upon each county, respectively, 
and must be audited and paid by the board of supervisors 
thereof. (1127) 

9. The commissioner of education attends to the giving 
and publishing of the notices hereinbefore provided for. 
(1127) 

He may, in his discretion, direct that the examination in 
any county may be held at some other time and place than 
that above specified, in which case is must be held as directed 
by him. (1127) 

He keeps full records in his department of the reports of 
the different examiners, showing the age, post-office address 
and standing of each candidate, and notifies candidates of 
their rights. He determines any controversies which may 
arise. He is charged with the general supervision and direc- 
tion of all matters in connection with the filling of such 
scholarships. ( 1 1 27) 

Students enjoying the privileges of free scholarships must, 
in common with the other students of said university, be 
subject to all the examinations, rules and requirements of 
the board of trustees, or faculty of the university, except as 
herein provided. (1127) 

Cornell maintains the state veterinary college. 

This is established to conduct investigations as to the 
nature, prevention and cure of all diseases of animals, includ- 
ing such as are communicable to man and such as cause epi- 
zootics among live stock ; to investigate the economical ques- 
tions which will contribute to the more profitable breeding, 
rearing and utilization of animals; to produce reliable stand- 
ard preparations of toxins, antitoxins and other products to 
be used in the diagnosis, prevention and cure of diseases and 



400 Commissioner of Education [Part VII 

in the conducting of sanitary work by approved modern 
methods ; and to give instruction in the normal structure and 
function of the animal body, in the pathology, prevention 
and treatment of animal diseases, and in all matters pertain- 
ing to sanitary science as applied to live stock and correl- 
atively to the human family. (112S) 

The state college of agriculture is established at 
Cornell university. (1129) 

Its object is to improve the agricultural methods of the 
state; to develop the agricultural resources of the state in 
the production of crops of all kinds, in the rearing and breed- 
ing of live-stock, in the manufacture of dairy and other prod- 
ucts, in determining better methods of handling and market- 
ing such products, and in other ways; and to increase intel- 
ligence and elevate the standards of living in the rural dis- 
tricts. (1129) 

For the attainment of these objects the college is author- 
ized to give instruction in the sciences, arts and practices 
relating thereto, in such courses and in such manner as shall 
best serve the interests of the state; to conduct extension 
work in disseminating agricultural knowledge throughout the 
state by means of experiments and demonstrations on farms 
and gardens, investigations of the economic and social status 
of agriculture, lectures, publication of bulletins and reports, 
and in such other ways as may be deemed advisable in the 
furtherance of the aforesaid objects; to make researches in 
the physical, chemical, biological and other problems of agri- 
culture, the application of such investigations to the agricul- 
ture of New York, and the publication of the results thereof. 
(1129) 

Fees and charges in the college of agriculture are fixed by 
Cornell university, and the moneys received from these 
sources and from the sales of products are credited to a sep- 
arate fund and used for the current expenses of the college 
of agriculture. (1129) 

Similar schools are established at St. Lawrence 



state] Normal Schools 401 

university (1140-2), at Alfred university (1160-1), 
and at Morrisville (1180-1) 

In all these bona fide residents of the state of New 
York are entitled to free tuition. 

4. He is ex officio a trustee of the New York state 
asylum for iCiiois. (331) 

5. He has general supervision over the state normal 
schools. (331) 

State normal schools are at Brockport, Buffalo, 
Cortland, Fredonia, Geneseo, New Paltz, Oneonta, 
Oswego, Plattsburgh, and Potsdam. (660) 

There is a local board of each normal school, consisting 
of not less than 3 nor more than 13 persons. The members 
thereof hold their offices until removed by the concurrent 
action of the chancellor of the university and the commis- 
sioner of education. Any vacancy is filled by the appoint- 
ment of the commissioner of education. (661) 

These boards have the immediate supervision and manage- 
ment of said schools, subject however to the general super- 
vision of the commissioner of education and to his direction 
in all things pertaining to the school. (662) 

Each board establishes rules and regulations subject to the 
approval of the commissioner of education. (662) 

They shall also transmit through him, and subject to his 
approval, a report to the legislature on Jan. 1 in each year, 
showing the condition of the school under their charge during 
the year next preceding. (662) 

They have the custody, of the grounds and buildings ♦pro- 
vided or used for the purposes of such schools, respectively, 
and other property of the state pertaining thereto, with 
power to protect, preserve and improve the same. (663) 

Subject to the approval they prescribe the course 
of study. (664) The commissioner of education 



402 Commissioner of Education [Part VII 

determines what number of teachers shall be employed 
in each school, and their wages; their employment is 
subject to his approval. (664) 

He may order, in his discretion, that one or more of said 
schools shall be composed exclusively of males and one or 
more of females; he decides upon the number of pupils to be 
admitted to each of said schools, and prescribes the time and 
manner of their selection. (664) 

He is to take care in such selection to provide that every 
part of the state shall have its proportionate representation 
in such school as near as may be according to population ; but 
if any school commissioner district or any city, shall not, for 
any cause, be fully represented in any of said schools, then he 
may cause the maximum number of such pupils to be sup- 
plied from any part of the state, giving preference, however, 
to those living in the county, city or village where such school 
is situated. (664) 

During such time as any local board may omit to discharge 
its duties, he is authorized to discharge the duties of such 
local boards or any of their officers; and the acts of said com- 
missioner of education in the premises are as valid and bind- 
ing as if done by a competent local board or its officers, or 
with their co-operation. (665) 

He prepares suitable diplomas to be granted to the stu- 
dents of such school, who shall have completed one or more 
of the courses of study and discipline prescribed, and a di- 
ploma signed by him, the chairman and secretary of the local 
board and the principal of the school, is of itself a certificate 
of qualification to teach common schools. (666) 

All applicants for admission must be residents of 
this state, or, if not, they may be admitted only upon 
the payment of such tuition fees as shall be, from 
time to time, prescribed by the commissioner of edu- 
cation. Applicants shall present such evidences of 
proficiency or be subject to such examination at the 



state] Normal Schools 403 

school as shall be prescribed by said commissioner, 
(669) 

No normal school may receive into any academic depart- 
ment connected therewith, any pupil not a resident of the 
territory for the benefit or advantage of whose residents the 
state has pledged itself to maintain such academic depart- 
ment. (667) 

When admitted, students, unless they are students in the 
academic or practice department or are nonresidents, are 
entitled to all the privileges of the school, free from all charges 
for tuition or for the use of books or apparatus, but every 
pupil must pay for books lost by him, and for any damage 
to books in his possession; any pupil may be dismissed from 
the school by the local board for immoral or disorderly con- 
duct, or for neglect or inability to perform his duties. (667) 

For the purpose of protecting and preserving such build- 
ings, grounds and other property, and preventing injuries 
thereto, and preserving order, preventing disturbances, and 
preserving the peace in such buildings and upon such grounds, 
the local board of managers of each of said normal schools 
shall have power, by resolution or otherwise, to appoint, 
from time to time, one or more special policemen. (669) 

The village or city wherein is located a state normal and 
training school, may insure and keep insured, as a village or 
city charge, the real and personal property of such school 
against loss or damage by fire, when the state refuses to in- 
sure, or keep adequately insured, such property. The insur- 
ance is to be in the name of the state, and in case of loss, any 
moneys obtained from such insurance are to be used and dis- 
posed of the same as if the state had effected such insurance. 
The amount of insurance to be carried is determined by the 
municipal authorities of such village or city. (670) 

With the consent of the commissioner of education, the 
local board may accept, for the state, the gift, grant, devise 
or bequest of money or other property, and apply the same 
to any purpose, not inconsistent with the general purposes 
of such school, which shall be prescribed in the instrument 



404 Commissioner of Education [Part VII 

by which such gift, grant, devise or bequest shall be made. 
(673) 

The treasurer pays on the warrant of the comptroller, on 
bills approved by the commissioner of education, from the 
general fund, a sum not exceeding $1000 per year, for the 
support and education of for not to exceed 3 years each 10 
Indian youth not under 16 years of age in the state normal 
schools, by the commissioner of education, from the several 
Indian tribes located within this state; with due regard to a 
just participation by each of the said several tribes. (674-5) 

The local board of each normal school are the guardians of 
such Indian youth, during the period of their connection 
with the school; and pay their necessary expenses, not to 
exceed $100 per year for each pupil. (677) 

Such Indian pupils enjoy the same privileges, of every kind, 
as the other pupils attending said schools, including the pay- 
ment of traveling expenses, not exceeding $10 to each pupil. 

The state normal school established at Albany is 
now known as the state normal college. 

It is under the supervision, management, and gov- 
ernment of the commissioner of education and the 
regents of the university, who appoint a board con- 
sitsing of 5 persons of whom the said commissioner 
is one, who constitute the board of trustees for the 
care, management and government of said college. 
(679) 

6. He provides for the education of Indian chil- 
dren. (331) 

This has been treated in detail. 

7. He has general supervision of industrial and 
trade schools. (331) 

He prescribes regulations governing the licensing of the 
teachers employed therein; and he is authorized, empowered 
and directed to provide for the inspection of such schools, 



state] Annual Report 405 

to take necessary action to make eflfectual the provisions of 
said article, and to advise and assist boards of education in 
the several cities and school districts in the establishment, 
•organization and management of such schools. (331, 820) 

8. He enforces the provisions in relation to the school 
census. (331, 1000) 

9. He may, in his discretion, appoint persons to 
visit and examine all or any of the common schools in 
the county where such persons reside, and to report to 
him all such matters respecting their condition and man- 
agement, and the means of improving tliem, as he shall 
prescribe. (233) 

No allowance or compensation is made to such vis- 
itors for their services or expenses. (333) 

10. So often as he can, consistently with his other 
duties, he shall visit such of the common schools of the 
state as he shall see fit, and inquire into their course of 
instruction, management and discipline, and advise 
■and encourage the pupils, teachers and officers thereof. 
<334) 

11. He must submit to the legislature an annual 
report containing: 

1. A statement of the condition of the common schools of 
the state, and of all other schools and institutions under his 
supervision, and subject to his visitation as commissioner. 

2. Estimates and accounts of expenditures of the school 
moneys, and a statement of the apportionment of school 
moneys made by him. 

3. All such matters relating to his office, and all such plans 
and suggestions for the improvement of the schools and the 
advancement of public instruction in the state, as he shall 
deem expedient. (335) 



406 Commissioner of Education [Part VII 

12. Upon cause shown to his satisfaction, he may 
annul any certificate of qualification granted to a teacher 
by a school commissioner, or declare any diploma is- 
sued by a state normal school ineffective and null as a 
qualification to teach a common school within this state, 
and lie may reconsider and reverse his action in any 
such matter. (336) 

He prepares and keeps in his office alphabetical lists of all 
persons who have received, or may receive, certificates of 
qualification from himself, or diplomas of the state normal 
schools, with the dates thereof, and notes thereon all annul- 
ments and reversals of such certificates and diplomas, with 
the dates and causes thereof, together with such other par- 
ticulars as he deems expedient. (337) 

13. He may withhold any share of the public money 
of the state from any district for wilfully disobeying 
any decision, order or regulation. (338) 

14. He prepares suitable registers, blanks, forms, 
and regulations for making all reports and conducting 
all necessary business. (339) 

He causes the same, with such information and instructions 
as he deems conducive to the proper organization and gov- 
ernment of the common schools and the due execution of 
their duties by school officers, to be transmitted to the officers 
and persons intrusted with the execution of the same. (339) 

15. He may administer oaths and take affidavits 
concerning any matter relating to the schools. (340) 

16. He is charged with the general supervision of 
every union free school district. (341) 

17. He must approve the plans of all schoolhouses 
except in cities of the \st and 2d classes, and of repairs 
costing more than $500. 



state] Appeals 407 

18. He is authorized and required to examine and 
decide appeals brought by any person considering him- 
self aggrieved. (360) 

His decision therein is final and conclusive, and not 
subject to question or review in any place or court 
whatever. (360) 

In Colorado decisions of the state board are reviewable. 
(97 Pac 978) 

An original application to him to act when no action had 
been taken before, as to remove a trustee, was not an appeal 
from any decision of an officer or a body, and was review- 
able by the courts. (159 N Y 162) But the present law 
makes his original action not reviewable. 

In reference to such appeals, he has power: 

1. To regulate the practice therein. (361) 

2. To determine whether an appeal shall stay proceedings, 
and prescribe conditions upon which it shall or shall not so 
operate. (361) 

3. To decline to entertain or to dismiss an appeal, when it 
shall appear that the appellant has no interest in the matter 
appealed from, and that the matter is not a matter of public 
concern, and that the person injuriously affected by the act 
or decision appealed from is incompetent to appeal. (361) 

4. To make all orders, by directing the levying of taxes 
or otherwise, which may, in his judgment, be proper or nec- 
essary to give effect to his decision. (361) 

He is to file, arrange in the order of time, and keep in his 
office, so that they may be at all times accessible, all the 
proceedings on every appeal to him under this article, in- 
cluding his decision and orders founded thereon; and copies 
of all such papers and proceedings, authenticated by him 
under his seal of office, are evidence equally with the or- 
iginals. (362) 



408 Commissioner of Education [Part VII 

Such appeal or petition may be made in conse- 
quence of any decision made: 

1. By any school district meeting. (360) 

2. By any school commissioner and other officers, in form- 
ing or altering, or refusing to form or alter, any school district, 
or in refusing to apportion any school moneys to any such 
district or part of a district. (360) 

3. By a supervisor in refusing to pay any such moneys to 
any such district. (360) 

4. By the trustees of any district in paying or refusing to 
pay any teacher, or in refusmg to admit any scholar gra- 
tuitously into any school. (360) 

5. By any trustees of any school library concerning such 
library, or the books therein, or the use of such books. (360) 

6. By any district meeting in relation to the library. (360) 

7. By any other official act or decision concerning any 
other matter or any other act pertaining to common schools . 
(360) 



CHAPTER XXXI 
Regents of the University 

We have seen that the commissioner of education 
is selected by the regents of the university of the state 
of New York, the final authority in the school system 
of the state. 

The university of the state of New York was cre- 
ated in 1784. 

Its objects are to encourage and promote higher and sec- 
ondary education, to visit and inspect its several institutions 
and departments, to distribute to or expend or administer 
for them such property and funds as the state may appro- 
priate therefor or as the university may own or hold in trust 
or otherwise, and to perform such other duties as may be 
intrusted to it. (1080) 

It also has power to establish such rules and reg- 
ulations as are necessary to carry into effect the 
statutes of this state relating to education. (1080) 

It is governed and all its corporate powers are ex- 
ercised by a board of regents whose members are 3 
more than the existing judicial districts of the state. 
(1081) 

The term of one regent expires each year on the 
April 1, and his successor is elected by the legislature 
in the 2d week of February in each year, in the man- 
ner provided by law for the election of senators in 
congress. All vacancies, either for full or unexpired 
terms must be so filled that there shall always be in 
the membership of the board of regents at least one 
resident of each of the judicial districts. (1081) 

(409) 



410 Regents of the University [Part VII 

A vacancy in the office of regent for other cause than ex- 
piration of term of service is filled for the unexpired term by 
an election at the session of the legislature immediately fol- 
lowing such vacancy, unless the legislature is in session when 
such vacancy occurs, in which case the vacancy is filled by 
such legislature. (1081) 

There are no ex-officio members of the board of regents. 
No person may be at the same time a regent of the university 
and a trustee, president, principal or any other officer of an 
institution belonging to the university. (1081) 

The elective officers of the university are a chancellor 
and a vice-chancellor who serve without salary, and such 
other officers as are deemed necessary by the regents, all of 
whom are chosen by ballot by the regents and hold office 
during their pleasure; but no election, removal or change of 
salary of an elective officer may be made by less than 6 votes 
in favor thereof . (1082) 

Each regent and each elective officer must, before entering 
on his duties, take and file with the secretary of state the 
oath of office required of state officers. (1082) 

The chancellor presides at all convocations and at all meet- 
ings of the regents, confers all degrees which they authorize, 
and fixes the time and place of all special meetings. In his 
absence or inability to act, the vice-chancellor, or if he be 
also absent, the senior regent present, performs all the duties 
and has all the powers of the chancellor. (1082) 

In addition to the annual meetings, for which the time and 
place are fixed by ordinance of the regents, the chancellor 
calls a meeting as often as the business of the university re- 
quires, or on written request of any 5 regents; and at least 10 
days' notice of every meeting must be mailed to the usual 
address of each regent. If any regent shall fail to attend 3 
consecutive meetings, without written excuse accepted as 
satisfactory by the regents not later than the 3d consecutive 
meeting from which he has been absent, he is deemed to have 
resigned and the regents must promptly report the vacancy 
to the legislature, which fills it as provided above. (1083) 



State] Degrees 411 

Six regents attending are a quorum for the transaction of 
business. (1084) 

The regents, or any committee thereof, may take testimony 
or hear proofs relating to their official duties, or in any mat- 
ter which they may lawfully investigate. (1085) 

The regents may, as they deem advisable in con- 
formity to law, make, alter, suspend or repeal any 
by-laws, ordinances, rules and resolutions for the ac- 
complishment of the trusts reposed in them. (1086) 

No such by-law, ordinance or rule may modify in any de- 
gree the freedom of the governing body of any seminary for 
the training of priests or clergymen to determine and reg- 
ulate the entire course of religious, doctrinal or theological 
instruction to be given in such institution. (1086) 

No by-law, ordinance or rule by which more than a major- 
ity vote is required for any specified action by the regents 
may be amended, suspended or repealed by a smaller vote 
than that required for action thereunder. (1086) 

The regents may confer by diploma under their seal 
' such honorary degrees as they may deem proper, and 
may establish examinations as to attainments in 
learning, and may award and confer suitable certifi- 
cates, diplomas and degrees on persons who satis- 
factorily meet the requirements prescribed. (1087) 

The right to confer a degree is a franchise. In the United 
States no institution has the right to confer degrees unless 
the power to do so has been granted by the legislature. (5 
Wend 211; 3 Wharton 445; 62 Vt 373) 

The regents may co-operate with other agencies 
in bringing within the reach of the people at large 
increased educational opportunities and facilities, by 
stimuating interest, recommending methods, desig- 
nating suitable teachers and lecturers, lending neces- 
sary books and apparatus, conducting examinations 



412 Regents of the University [Part VII 

and granting credentials and otherwise aiding such 
work. (1090) 

No money appropriated by the state for this work may be 
expended in paying for services or expenses of teachers or 
lecturers. (1090) 

The state library and state museum are depart- 
ments of the university and the regents may establish 
such other departments as they deem necessary to 
discharge the duties imposed on them by law. (1091) 

All university departments shall be under the exclusive 
control of the regents, who shall have all powers of trustees- 
thereof, including authority to appoint all needed officers 
and employees; to fix their titles, duties, salaries and terms 
of service; to make all needed regulations; and to buy, sell, 
exchange or receive by will, gift or on deposit, articles or 
collections properly pertaining thereto; to maintain lectures 
connected with higher education in this state, and to lend 
to or deposit permanently with other institutions, books, 
specimens or other articles in their custody, which, because 
of being duplicates, or for other reasons, will in the judgment 
of the regents, be more useful in said institutions than if 
retained in the original collections at Albany. (1091) 

All scientific specimens and collections, works of 
art, objects of historic interest and similar property 
appropriate to a general musieum, if owned by the 
state and not placed in other custody by a specific 
law, shall constitute the state museum. (1092) 

One of its officers must annually inspect all such property 
not kept in the state museum rooms, and the annual report 
of the museum to the legislature must include summaries of 
such property, with its location, and any needed recommen- 
dations as to its safety or usefulness. The state museum in- 
cludes the work of the state geologist and paleontologist, the 
state botanist, and the state entomologist, who, with their 
assistants, are included in the scientific staff of the state 
museum. (1092) 



state] State Museum 413 

Any scientific collection made by a member of|the museum 
staff during his term of office shall, unless otherwise author- 
ized by resolution of the regents, belong to the state and form 
part of the state museum. (1093) 

There is to be made, as the Indian section of the 
state museum, as complete a collection as practicable 
of the historical, ethnographic and other records and 
relics of the Indians of the state of New York. (1094) 

This will include imprements or other articles pertaining 
to their domestic life, agriculture, the chase, war, religion, 
burial and other rites or ct:stoms, or otherwise connected 
with the Indians of New York. The trustees of the state 
museum shall appoint on its staff a competent curator, with- 
out salary, to make and arrange this Indian collection. 
(1094) 

The university of the state of New York, which was 
duly elected to the office of wampum-keeper by the 
Onondaga nation Feb. 26, 1898, and is recognized in 
all courts and places, as having every power which 
has ever, at any time, been exercised by any wam- 
pum-keeper of the Onondaga nation, or of any of 
the Ho-de-no-sau-nee, otherwise known as the Five 
Nations.or the Six Nations, or the Iroquois. (31 :1909) 

The wampums are kept in a fireproof building, as public 
records, forever, and the regents are authorized to secure 
by purchase, suit, or otherwise, any wampums which have 
ever been in the possession of any of the Ho-de-no-sau-nee, 
or any preceding wampum-keeper, and which are now owned 
by any of them or to which any of them is entitled, or to which 
it is entitled, in law or in equity; and to maintain and carry 
on suit to recover any of such wampums in its own name 
or in the name of the Onondaga nation at any time notwith- 
standing that the cause of action may have accrued more 
than 6 years, or any time, before the commencement of any 
such suit. (31: 1909) 



414 Regents of the University [Part VII 

A certificate may be issued by the forest, fish and 
game commission, to any person upwards of 18 years 
of age, permitting the holder to collect birds, birds' 
nests or eggs for scientific purposes. (24: 1909) 

Before such certificate is issued, the applicant must file 
"written testimonials from 2 well known scientific ornithol- 
■ogists certifying to his good character and fitness to be in- 
trusted with the privilege. Every applicant except an of- 
ficer of the New York State Museum, must pay $1 for the 
expense of issuing the certificate, and must file a bond in the 
penal sum of $200 with 2 responsible sureties to be approved 
by the commission, conditioned that he will not violate the 
provisions of this chapter or avail himself of the privilege 
of said certificate for other than scientific purposes. Per- 
sons receiving such certificate must report the result of col- 
lections made thereunder annually to the commissioner, at 
the expiration of the license. Such certificate is in force for 
one year only frora the date of issue and is not transferable. 
(24:1909) 

The trustees of any museum may, so far as consist- 
ent with free use by the public at reasonable or spec- 
ified hours, close any of its museum collections at 
certain other hours, for study, to meet the demands of 
special students or for exhibition purposes, and may 
charge an admission fee at such hours, provided that 
all receipts from such fees shall be paid into the treas- 
ury and be used for the maintenance or enlargement 
of the institution. (1031) 

All books, pamphlets, manuscripts, records, ar- 
chives and maps, and all other property appropriate 
to a general library, if owned by the state and not 
placed in other custody by law, are in charge of the 
regents and constitute the state library. (1020) 



State] State Library 415 

The state medical library is a part of the New York 
state library under the same government and regu- 
lations and is open for consultation to every citizen 
of the state at all hours when the state library is 
open. (1021) 

It is available for borrowing books to every accredited 
physician residing in the state of New York, who conforms 
to the rules made by the regents for insuring proper protec- 
tion and the largest usefulness to the people of the said med- 
cal library, t . 1) 

Manuscxipt or printed papers of the legislature, 
usually termed "on file", and which shall have been 
on file more than 5 years in custody of the senate and 
assembly clerks, and all public records of the state not 
placed in other custody by a specific law are part of 
the state library and must be kept in rooms assigned 
and suitably arranged for that purpose by the trus- 
tees of public buildings. (1022) 

The regents cause such papers and records to be so classi- 
fied and arranged that they can be easily found No paper 
or record may be removed from such files except on a reso- 
lution of the senate and assembly withdrawing them for a 
temporary purpose and in case of such removal a description 
of the paper or record and the name of the person removing 
the same must be entered in a book provided for that purpose 
with the date af its delivery and return. (1022) 

The state library must be kept open not less than 
8 hours every week day in the year except the legal 
holidays known as Independence day. Thanksgiving 
day and Christmas day. (1023) 

Members of the legislature, judges of the court of appeals, 
justices of the supreme court, and heads of state depart- 
ments may borrow from the library books for use in Albany, 
but be subject to such restrictions and penalties as may be 



416 Regents of the University [Part VII 

prescribed by the regents for the safety or greater usefulness 
of the library. Others are entitled to use or borrow books 
from the library only on such conditions as the regents shall 
prescribe. (1023) 

The regents have charge of the preparation, pub- 
Hcation and distribution, whether by sale, exchange or 
gift, of the colonial history, natural history and all 
other state publications not otherwise assigned by 
law. (1024) 

To guard against waste or destruction of state publications, 
and to provide for the completion of sets to be permanentiy 
preserved in American and foreign libraries, the regents 
maintain a duplicate department to which each state depart- 
ment, bureau, board or commission must send not less than 
5 copies of each of its publications when issued, and after 
completing its distribution, any remaining copies which it 
no longer requires. The above, with any other publications 
not needed in the state library, constitute the duplicate de- 
partment, and rules for sale, exchange or distribution from 
it are fixed by the regents, who use all receipts from such ex- 
changes or sales for expenses and for increasing the state 
library. (1024) 

The librarian of any library owned by the state, 
or the officer in charge of any state department, 
bureau, board, commission or other office may, with 
the approval of the regents, transfer to the perman- 
ent custody of the state library or museum any books, 
papers, maps, manuscripts, specimens or other arti- 
cles which, because of being duplicates or for other 
reasons, will in his judgment be more useful to the 
state in the state library or museum than if retained 
in his keeping. (1025) 

The report of the state library to the legislature 



state] State Library 417 

includes a statement of the total number of volumes 
or pamphlets, the number added during the year, 
with a summary of operations and conditions, and 
any needed recommendation for safety or usefulness 
for each of the other libraries owned by the state, the 
custodian of which shall furnish such information or 
facilities for inspection as the regents may require 
for making this report. (1026) 

Each of these hbraries is under the sole control now pro- 
vided by law, but for the annual report of the total number 
of books owned by or bought each year by the state, it is 
considered a branch of the state library and is entitled to any 
facilities for exchange of duplicates, inter-library loans or 
other privileges properly accorded to a branch. (1026) 

The consultation library of the court of appeals is 
under the exclusive supervision of that court and the 
chief judge may add thereto from any funds avail- 
able. (1052) 

The library of the court of appeals, located at the 
city of Syracuse, is continued. The regents of the 
university shall appoint a suitable person to be li- 
brarian of the library of the court of appeals at Syra- 
cuse, who shall receive an annual salary of $3000. 
(1052) 

Libraries may be furnished to any state hospital 
by the regents, subject to regulations adopted by 
them and the commission (in lunacy), the expense 
of which shall be included in the monthly estimates 
of the hospital. (32: 1909) 

Any municipal corporation may establish and main- 
tain a free public library or museum (29:1909). See 
pages 27-33. 



418 Regents of the University [Part VII 

The institutions of the university include all in- 
stitutions of higher education which are now or may 
hereafter be incorporated in this state, and such other 
libraries, museums or other institutions for higher 
education as may, in conformity with the ordinances 
of the regents, after ofhcial inspection, be admitted 
to or incorporated by the university. (1095) 

The regents may exclude from such membership any insti- 
tution faihng to comply with law or with any ordinance or 
rule of the university. (1095) 

The regents or their committees or officers are to 
visit, examine into and inspect the condition and 
operations of every institution and department in 
the university, and require of each an annual report 
verified by oath of its presiding officer. (1096) 

This must give information concerning trustees, faculty, 
students, instruction, equipment, methods and operations, 
with such other information and in such form as may be 
prescribed by the regents who annually report to the legis- 
lature the condition of the university and of each of its in- 
stitutions and departments, with any further information 
or recommendations which they deem it desirable to submit; 
and such parts of their report as they deem necessary for use 
in advance of the annual volume, are printed by the state 
printer as bulletins. (1096) 

For refusal or continued neglect on the part of any insti- 
tution in the university to make the report required by this 
section, or for violation of any law, the regents may suspend 
the charter or any of the rights and privileges of such insti- 
tution. (1096) 

The regents have the power of incorporation. The 
constitution reads: 

Corporations may be formed under general laws; 
but shall not be created by special act, except for mu- 



State] Incorporation 419 

nicipal purposes, a^td in cases where, in the judgment 
of the legislature, the objects of the corporation can not 
be attained under general laws. All general laws and 
special acts passed pursuant to this section may be 
altered from time to time or repealed. 

Three or more persons may become a stock cor- 
poration for any lawful business purpose or purposes 
other than a moneyed corporation, or a corporation 
provided for by the banking, the insurance, the rail- 
road and the transportation corporation laws, or an 
educational institution or corporation which may be 
incorporated as provided in the education law, by 
making, signing, acknowledging and filing a certif- 
icate in required form. (12: 1909) 

A membership corporation may be created under 
this article for any lawful purpose, except a purpose 
for which a corporation may be created under any 
other article of this chapter, or any other general 
law than this chapter. (40:1909) 

The statutory revision commission called special 
attention before the enactment of this law to the fact 
that it would not allow incorporation, except by the 
regents, of any library, museum, or other institution 
or association for the promotion of science, literature, 
art, history, or other department of knowledge. All 
such corporations must hereafter be created only 
under the following section of the education law and 
by act of the regents. (1087, 1099) 

The regents may, by an instrument under their 
seal and recorded in their office, incorporate any uni- 
versity, college, academy, library, museum, or other 



420 Regents of the University [Part VII 

institution or association for the promotion of science, 
literature, art, history, or other department of knowl- 
edge, under such name, with such number of trus- 
tees or other managers, and with such powers, priv- 
ileges and duties, and subject to such limitations and 
restrictions in all respects as the regents may pre- 
scribe in conformity to law. (1097) 

On evidence satisfactory to the regents that the conditions 
for an absolute charter will be met within a prescribed time, 
they may grant a provisional charter which shall be replaced 
by an absolute charter when the conditions have been fully 
met; otherwise, after the specified time, on notice from the 
regents to this effect, the provisional charter shall terminate 
and become void and shall be surrendered to the regents. No 
such provisional charter shall give power to confer degrees. 
(1098) 

No institution may be given power to confer de- 
grees in this state unless it shall have resources of at 
least $500,000; and no institution for higher educa- 
tion may be incorporated without suitable provision, 
approved by the regents, for buildings, furniture, 
educational equipment, and proper maintenance. 
(1099) 

No institution may institute or have any faculty or de- 
partment of higher education in any place or be given power 
to confer any degree not specifically authorized by its char- 
ter; and no institution of higher education may be incor- 
porated under the provisions of any general act authorizing 
the formation of a corporation without grant of a special 
charter on individual application, and no corporation may, 
under authority of any general act, extend its business to in- 
clude establishing or carrying on any such institution. ( 1099) 

The regents may, at any time, for sufficient cause 
by an instrument under their seal and recorded in 



state] Dissolution of Corporations 421 

their office, change the name, or alter, suspend or re- 
voke the charter or incorporation of any institution 
which they might incorporate, if subject to their vis- 
itation or chartered or incorporated by the regents or 
under a general law. (1100) 

But unless on unanimous request of the trustees of the 
institution, no name may be changed and no charter be al- 
tered, nor any rights or privileges thereunder be suspended 
or repealed by the regents, till they have mailed to the usual 
address of every trustee of the institution concerned at least 
30 days' notice of a hearing when any objections to the pro- 
posed change will be considered, and till ordered by vote at 
a meeting of the regents for which the notices have specified 
that action is to be taken on the proposed change. (1100) 

Under like restrictions the regents may dissolve 
any such educational corporation, whether with or 
without a capital stock, and whether incorporated by 
the regents or under a general or by a special law, 
and make such disposition of the property of such 
corporation remaining after payment of its debts and 
liabilities as the regents shall deem just and equit- 
able and best promoting public interests. (1101) 

The regents may also, after a similar hearing, issue to any 
such educational corporation a new charter which shall take 
the place in all respects of that under which it has been oper- 
ating. In the case of any corporation whose dissolution is 
contemplated or has been decreed by the regents, upon their 
application and nomination the court shall, and upon the ap- 
plication of the trustees of such corporation with notice to 
the regents, the court, in its discretion, may appoint a re- 
ceiver of the property and liquidate the business affairs of the 
corporation under the provisions, so far as applicable, of 
articles 5, 6, 7 and 12 of the general corporations law; and all 
property of the corporation, or proceeds thereof, that shall 
remain after the payment, under such liquidation, of its 



422 Regents of theUniversity [Part VII 

debts and liabilities, must be paid and transferred to the 
regents and be subject to their disposition the same as if they 
had directly conducted such liquidation. (1101; 28:1909) 

The trustees of any academy incorporated under 
the laws of this state and having a capital stock, may, 
and upon the written application of any person own- 
ing or lawfully holding one-third of the said capital 
stock, must call a general meeting of the stock- 
holders of the said academy, for the purpose of de- 
termining whether or not such incorporated academy 
shall surrender its charter and be dissolved and its 
property distributed among the stockholders there- 
of. (1102) 

The notice for such general meeting must state the object 
thereof, and be subscribed by the chainnan or other acting 
presiding officer and the secretary or acting secretary of the 
said corporation or board of trustees; it must be published 
once a week for 3 successive weeks prior to such meeting in 
a daily or weekly newspaper pviblished in the place where 
the said academy is located ; or if there be no such paper, then 
in a daily or weekly paper published within the county, if 
there be one, or, if not, in an adjoining county so that in 
which such academy is located. (1102) 

Whenever, at a meeting of the stockholders thus called, 
any person or persons holding or qualified to vote upon a 
majority of the capital stock of such incorporated academy 
shall vote to surrender the charter thereof and to dissolve the 
corporation, the trustees of such academy, or a majority of 
them, must make and sign a certificate of such action, cause 
the same to be properly attested by the officers of the cor- 
poration and file the same, together with a copy of the pub- 
lished notice for the meeting at which such action was taken, 
and due proof of the publication thereof, in the office of the 
board of regents of the university of the state of New York, 
and thereupon, if the said proceedings have been regularly 



state] Charters Surrendered 423 

conducted as above prescribed, the charter of said corpor- 
ation is deemed to be surrendered and the said corporation 
dissolved. (1102) 

Upon the dissolution of such incorporated academy, as 
herein provided, the trustees thereof forthwith become 
trustees of the creditors and stockholders of the corporation 
dissolved. They have full power to settle the affairs of the 
said corporation; to collect and pay the outstanding debts; 
to sue for and recover debts and property thereof by the 
name of the trustees of such corporation; to sell and dispose 
of the property thereof, at public or private sale, and to divide 
among the stockholders the moneys or other property that 
shall remain after the payment of debts and necessary ex- 
penses. (1102) 

The said trustees may, after the dissolution of the said 
corporation, insert in a newspaper published in the place where 
the said academy is located, or if there be none such then in 
a newspaper published within the county, if there be one, or, 
if not, in an adjoining county, a notice once in each week 
for 3 successive months, requiring all persons having claims 
against the said corporation dissolved to present the same 
with proof thereof to the said trustees, at the place designated 
in such notice, on or before a day therein named which shall 
be not less than 3 months from the first publication thereof. 
In case any action shall be brought upon any such claim 
which shall not have been presented to the said trustees 
within 3 months from the first publication of such notice, the 
said trustees are not chargeable for any assets, moneys or 
proceeds of the said corporation dissolved, which they may 
have paid in satisfaction of other claims against the said cor- 
poration, or in making distribution of the stockholders 
thereof, before the commencement of such action. (1102) 

Upon the distribution by the said trustees of assets or prop- 
erty, or the proceeds thereof, of the dissolved corporation 
among its stockholders the said trustees may require the cer- 
tificates of ownership of capital stock, if such have been 
issued, standing in the name of any stockholder claiming a 
distributive share, or under whom such share is claimed, to 



424 Regents of the Univeristy [Part VII 

be surrendered for cancellation by such stockholder or person 
claiming the said share; in the event of the non-production 
of any such certificate, the said trustees may require satis- 
factory proof of the loss thereof, or of any other cause for 
such non-production, together with such security as they may 
prescribe, before payment of the distributive share to which 
the person claiming upon such share of stock may appear to 
be entitled. (1102) 

In case the said trustees upon such distribution by them of 
assets or property, or the proceeds thereof, of the dissolved 
corporation among its stockholders, are unable to find any 
of the said stockholders or the persons lawfully owning or 
entitled to any portion of the said capital stock, they must 
give notice in the manner hereinbefore provided for calling 
the general meeting of stockholders, of such distribution, to 
the persons in whose names such stock shall stand upon the 
books of the said corporation, requiring them to appear at 
a time and place designated, to receive the portion of such 
assets or property to which they may be entitled; in case of 
the failure of any such persons to so appear, it is lawful for 
the said trustees to pay over and deliver to the county treas- 
urer of the county wherein such academy was located, or 
to any trust company or other corporation located within 
such county and authorized to receive moneys on deposit 
under order or judgment of a court of record, the proportion 
of the assets, property or proceedings aforesaid which such 
non-appearing stock bears to the whole stock; the said trus- 
tees must also deliver therewith a list of the persons entitled 
to receive the same, together with the separate amounts to 
which they shall be severally entitled. ( 1 102) 

Upon the payment and discharge of the debts and obli- 
gations of the corporation dissolved, as hereinbefore pro- 
vided, and the distribution of its assets, property and pro- 
ceeds among the stockholders thereof, and due provision 
made, as hereinabove prescribed, for the interests of non- 
appearing stockholders and such as can not be found, the said 
trustees become relieved and discharged from further duty, 



State] Colleges and Universities 425 

liability and responsibility by reason of their relation to the 
said corporation, or towards the stockholders thereof, ( 1 102) 
Any county treasurer, trust company or other corporation 
to whom assets, property or proceeds are delivered as herein- 
provided, must hold the same in trust for the persons des- 
ignated and entitled to receive it ; and upon receiving satis- 
factory proof of the right and title thereto, or upon the order 
of any court of record competent to adjudicate thereupon, 
shall pay over and deliver to any persons entitled to receive 
the same the portion of such proceeds, property or assets to 
which they shall be entitled. (1102) 

If any institution in the university shall discon- 
tinue its educational operations without cause sat- 
isfactory to the regents, it shall surrender its charter 
to them, subject, however, to restoration whenever 
arrangements satisfactory to the regents are made 
for resuming its work. (1103) 

No individual, association or corporation not hold- 
ing university or college degree-conferring powers 
by special charter from the legislature of this state or 
from the regents, shall confer any degrees, or transact 
business under or in any way assume the name uni- 
versity or college, till it shall have received from the 
regents, under their seal, written permission to use 
such name, and no such permission shall be granted 
by the regents, except on favorable report after per- 
sonal inspection of the institution by an officer of the 
university. (1104) 

No person may buy, sell or fraudulently or illegally 
make or alter, give, issue or obtain any diploma, 
certificate or other instrument purporting to confer 
any literary, scientific, professional or other degree 
or to constitute any license, or to certify to the com- 



426 Regents of the University [Part VII 

pletion in whole or in part of any course of study in 
any university, college, academy or other educational 
institution. (1104) 

No diploma or degree may be conferred in this 
state except by a regularly organized institution of 
learning registered by the regents as not violating any 
requirement of law or of the university ordinances, 
nor shall any person with intent to deceive, falsely 
represent himself to have received any such degree 
or credential, nor shall any person append to his name 
any letters in the same form registered by the re- 
gents as entitled to the protection accorded to uni- 
versity degrees, unless he has received from a duly 
authorized institution the degree for which the let- 
ters are registered. (1104) 

Counterfeiting or falsely or without authority mak- 
ing or altering in a material respect any such creden- 
tial issued under seal is a felony, and personating an- 
other by attempting to take an examination in his 
name or procuring any person thus falsely to person- 
ate another, or otherwise attempting to secure the rec- 
ord of having passed such examination in violation 
of the university ordinances, or any other violation 
of this section is a misdemeanor; and any person who 
aids or abets another, or advertises or olTers himself 
to violate the provisions of this section, is liable to 
the same penalties. (1104) 

The trustees of every corporation created for ed- 
ucational purposes and subject to visitation by the 
regents, unless otherwise provided by law or by its 
charter, may: 



state] Powers of Trustees 427 

1. Fix the number of trustees, which may not ex- 
ceed 25 or be less than 5. (1105) 

If any institution has more than 5 trustees, the body that 
elects by a f vote after notice of the proposed action in the 
call for a meeting, may reduce the number to not less than 
5 by abolishing the office of any trustee which is vacant and 
filing in the regents' office a certified copy of the action. A 
majority of the whole number shall be a quorum. (1105) 

2. Elect an executive committee of not less than 7, 
who, in intervals between meetings of the trustees, 
may transact such business of the corporation as the 
trustees may authorize, except to grant degrees or to 
make removals from office. (1105) 

3. Meet on their own adjournment or when required 
by their by-laws, and as often as they shall be sum- 
moned by their chairman, or in his absence by the 
senior trustee, on written request of three trustees. 

Seniority shall be according to the order in which the trus- 
tees are named in the charter or subsequently elected. No- 
tice of the time and place of every meeting shall be made 
not less than 5 nor more than 10 days before the meeting to 
the usual address of every trustee. (1105) 

4. Fill any vacancy occurring in the office of any 
trustee by electing another for the unexpired term. 
(1105) 

The office of any trustee shall become vacant on his death, 
resignation, refusal to act, removal from office, expiration of 
his term, or any other cause specified in the charter. If 
any trustee shall fail to attend 3 consecutive meetings with- 
out written excuse accepted as satisfactory by the trustees 
not later than the 3d consecutive meeting from which he 
has been absent, he shall be deemed to have resigned, and the 
vacancy shall be filled. Any vacancy in the office of trustee 
continuing for more than 1 year, or any vacancy reducing the 



428 Regents of the University [Part VII 

number of trustees to less than § of the full number may be 
filled by the regents. No person is ineligible as a trustee by 
reason of sex. (1105) 

5. Take and hold by gift, grant, devise or bequest in 
their own right or in trust for any purpose comprised 
in the objects of the corporation, such additional real 
and personal property beyond such as shall be author- 
ized by their charter or by special or general statute, 
as the regents shall authorize within one year after 
the delivery of the instrument or probate of the will, 
giving, granting, devising or bequeathing such prop- 
erty, and such authority given by the regents shall 
make any such gift, grant, devise or bequest oper- 
ative and valid in law. (1105) 

Any grant, devise or bequest made for the benefit of any 
institution in or registered by the university is equally valid 
whether made in the corporate name or to the trustees of the 
corporation and the powers given to the trustees by thi? 
section are construed to be the powers of the corporation ex- 
ercised through its trustees. (1105) 

6. Buy, sell, mortgage, let and otherwise use and 
dispose of its property as they shall deem for the 
best interests of the institution. (1105 ) 

They may also receive as a gift, or on loan or deposit, lit- 
erary, scientific or other articles, collections, or property per- 
taining to their work ; and such gifts, loans or deposit may be 
made to or with the university or any of its institutions by 
any person, or by legal vote of any board of trustees, corpor- 
ation, association or school district, and any such transfer 
of property, if approved by the regents, during its contin- 
uance, transfers responsibility therefor to the institution re- 
ceiving it, which is also entitled to receive any money, books 
or other property from the state or other sources to which 
said corporation, association or district would have been en- 
titled but for such transfer. (1105) 



State] Powers of Trustees 429 

7. Appoint and fix the salaries of such officers and 
employees as they shall deem necessary. (1105) 

Unless employed under special contract, these shall hold 
their offices during the pleasure of the trustees; but no trustee 
may receive compensation as such. (1105) ^ 

8. Remove or suspend from office by vote of a major- 
ity of the entire board any trustee, officer or employee 
engaged under special contract, on examination and 
due proof of the truth of a written complaint by any 
trustee, of misconduct, incapacity or neglect of duty. 
(1105) 

One week's previous notice of the proposed action must be 
given to the accused and to each trustee. (1105) 

9. Grant such degrees and honors as are specifically 
authorized by their charter, and in testimony thereof 
give suitable certificates and diplomas under their 
seal. (1105) 

Every certificate and diploma so granted entitles 
the conferee to all privileges and immunities which 
by usage or statute are allowed for similar diplomas 
of corresponding grade granted by any institution 
of learning. (1105) 

10. Make all by-laws, ordinances and rules necessary 
and proper for the purposes of the institution and not 
inconsistent with law or any ordinance or rule of the 
university. (1105) 

No ordinance or rule by which more than a majority vote 
shall be required for any specified action by the trustees may 
be amended, suspended or repealed by a smaller vote than 
that required for action thereunder. (1105) 

Every incorporated college in this state is duly 



430 Regents of the University [Part VII 

authorized and empowered to construct and maintain 
a system of water-works for the purpose of supplying 
its college buildings and premises with pure and 
wholesome water for domestic, sanitary and fire pur- 
poses, and for the preservation of the health of its 
students, faculty and employees, and for the preser- 
vation of the public health of the town, village or 
city in or near which such college is located, and the 
construction and maintenance of such water-works 
is declared to be a public use. Such water-works, 
as often as necessary, may be enlarged or improved. 
(1106) 

If any such college shall be unable to agree upon 
such terms of purchase of property, right or ease- 
ments, necessary for this purpose before or after 
plans shall be determined upon, it may, after such 
plans have been adopted, acquire the same by con- 
demnation, according to the provisions of the con- 
demnation law. (1106) 

When any such college has constructed and com- 
pleted waterworks, as above provided, it may, by a 
majority of its trustees, determine upon and con- 
struct a sewer system ; and may connect the same with 
the sewer system of the village or city in or near which 
said college is situated, if such connection is practic- 
able. (1106) 

Examination, surveys and a map may be made as above 
provided. Lands and easements may be acquired by pur- 
chase, as above provided, and in case such acquisition can not 
be made by purchase then they may be acquired by condem- 
nation, according to the provisions of the condemnation law. 
(1106) 



state] Bequests 431 

No gift, grant, or bequest to religious, educational, 
charitable, or benevolent uses, which is in other re- 
spects valid under the laws of this state, is deemed 
invalid by reason of the indefiniteness or uncertainty 
of the persons designated as the beneficiaries there- 
under in the instrument creating the same. (45: 
1909) 

If in the instrument creating such a gift, grant, or bequest 
there is a trustee named to execute the same, the legal title 
to the property given, granted, or bequeathed for such ur- 
poses shall vest in such trustee. If no person be named as 
trustee then the title to such property shall vest in the su- 
preme court. (45: 1909; 52: 1909) 

Whenever it appears to the court that circumstances have 
so changed since the execution of an instrument containing 
a gift, grant or bequest to religious, educational, charitable 
or benevolent uses as to render impracticable or impossible 
a literal compliance with the terms of such instrument, the 
court may, upon the application of the trustee or of the person 
or corporation having the custody of the property, and upon 
such notice as the court shall direct, make an order directing 
that such gift, grant or bequest be administered or expended 
in such manner as in the judgment of the court will most ef- 
fectually accomplish the general purpose of the instrument, 
without regard to and free from any specific restriction, lim- 
itation or direction contained therein; provided, however, that 
no such order shall be made without the consent of the donor 
or grantor of the property, if he be living. (45: 1909; 52; 
1909) 

Personal property may be granted, bequeathed, and 
conveyed to any incorporated college or other literary 
incorporated institution in this state, to be held in 
trust for any one or more of the following purposes: 

1. To establish and maintain an observatory; 



432 Regents of the University [Part VII 

2. To found and maintain professorships and scholarships; 

3. To provide and keep in repair a place for the burial of 
the dead; or 

4. For any other specific purposes comprehended in the 
general objects authorized by their respective charters. 
(45:1909) 

The said trusts may be created, subject to such conditions 
and visitations as may be prescribed by the grantor or donor, 
and agread to by said trustees, and all property which here- 
after is granted to any incorporated college or other literary 
incorporated institution in trust for any of the aforesaid pur- 
poses, may be held by such college or institution upon such 
trusts, and subject to such conditions and visitations as may 
be prescribed and agreed to as aforesaid. (45: 1909; 52: 1909) 

Personal estate may be granted, bequeathed, and conveyed 
to the corporation of any city or village of this state, to be 
held in trust for any purpose of education, or the diffusion 
of knowledge, or for the relief of distress, or for parks, gar- 
dens, or other ornamental grounds, or grounds for the pur- 
poses of military parades and exercise, or health and recre- 
ation within or near such incorporated city or village, upon 
such conditions as may be prescribed by the grantor or donor, 
and agreed to by such corporation. (45: 1909; 52: 1909) 

Personal estate may be granted, or bequeathed to com- 
missioners of common schools of any town, and to trustees 
of any school district, in trust for the benefit of the common 
schools of such town, or for the benefit of the schools of such 
district. (45: 1909; 52: 1909) See pages 274-5. 

Any person desiring in his lifetime to promote the 
public welfare by founding, endowing, and having 
maintained a public library, museum or other educa- 
tional institution, or a. chapel and crematory, within 
this state, may to that end and for such purposes by 
grant, in writing, convey to a trustee, or any number 
of trustees, named in such grant, and to their sue- 



state] Bequests 433 

cessors, any personal property belonging to such per- 
son. (45: 1909; 52: 1909) 

No person having a husband, wife, child or parent, 
may, by his or her last will and testament, devise or 
bequeath to any benevolent, charitable, literary, 
scientific, religious or missionary society, association 
or corporation, in trust or otherwise, more than one 
half part of his or her estate, after the payment of his 
or her debts and such devise or bequest is valid to 
the extent of one half, and no more. (18: 1909) 

The widow's dower and the debts are to be first deducted. 

A testator can not give to two or more corporations in the 
aggregate more than he can give to a single obiect; viz., one- 
half of his estate. (43 N Y 425, 2 Ap Div 25; 43 N Y 425; 
95 N Y 166) 

No person leaving a wife, or child, or parent, may 
devise or bequeath to any institution or corporation 
formed under chapter 319 of the laws of 1848 more 
than one-half of his or her estate, after the payment 
of his or her debts, and such devise or bequest shall 
be valid, to the extent of such one-half, and no such 
devise or bequest is valid, in any will which shall not 
have been made and executed at least two months 
before the death of the testator. (18: 1909) 

(33 Ap Div 49, 77 Hun 298, 22 Misc 198, 59 N Y 449, 79 N Y 327, 95 
N Y 166) 

The income arising from any personal property 
granted or conveyed, or bequeathed, in trust to any 
incorporated college or other incorporated literary 
institution, or for the purpose of providing for the main- 
tenance of any teacher in a grammar school or in- 



434 Regents of the University [Part VII 

stitute, may be permitted to accumulate until the 
same shall amount to a sum sufficient, in the opinion 
of the regents of the university, to carry into effect 
any of the charitable uses and trusts mentioned. (45: 
1909) 

If any of the principal of any trust fund actually 
received by any incorporated college, or other incor- 
porated literary institution, or by the corporation of 
any city or village, or by the commissioners of com- 
mon schools of any town, or by the trustees of any 
school district, under any grant, conveyance, or be- 
quest for any of the purposes for which trusts are 
authorized, shall subsequently become diminished 
from any cause, such diminution may be made up by 
the accumulation of the interest or income of the prin- 
cipal of such trust fund, in accordance with the direc- 
tions, if any, contained in the grant, conveyance, or 
bequest of such trust fund. (45:1909; 52: 1909) 

If no directions for that purpose are contained in such 
grant, conveyance, or bequest, then such diminution may be 
made up in whole or in part by such accumulation, in the 
discretion of the trustees of such trust fund; but in no case 
shall such accumulation be allowed to increase the trust fund 
beyond the true amount or value thereof, actually received 
by the trustees, to be estimated after the deduction of all 
liens and incumbrances on such trust fund, and of all expenses 
incurred or paid by the trustees in the collection or obtaining 
the possession of the same. (45:1909; 52: 1909) 

Property devised or bequeathed to any person who 
is a bishop or to any religious, educational, charitable, 
missionary, benevolent, hospital or infirmary cor- 
poration, including corporations organized exclusively 



State] Bequests 435 

for bible or tract purposes, is exempted from the 
transfer tax. (62: 1909) 

Personal property other than money or securities be- 
queathed to a corporation or association organized ex- 
clusively for the moral or mental improvement ot men and 
women or for scientific, literary, library, patriotic, cemetery 
or historical purposes or for the enforcement of laws relating 
to children or animals or for two or more of such purposes and 
used exclusively for carrying out one or more of such pur- 
poses is also exempt. (62: 1909) 

Whenever any person gives to the state of New 
York any obUgations of any other state, the governor 
is hereby authorized in his discretion, to receive and 
accept the same for the benefit of the state and the 
right and title thereto and therein passes to and vests 
in this state and the same and all the proceeds thereof 
when collected are held by the comptroller in a special 
account or fund subject to be appropriated by the 
legislature only for the support of common schools 
or for the promotion of some educational interest in 
the state. (58: 1909) 



NDBX 



INDEX 



The numbers in parenthesis refer to pages in the new 
school law of 1909, cloth-bound copies of which were placed 
in every district of the state. The complete index of that 
volume is inserted here, so that this index serves for that 
book as well as this. 



abandonment of children 195 
abolition of libraries (198) 33 
absence from school 172 — 84, 186 
academic departments (5) 333 — 7 
academies changed to (68) 333 
apportionment (66, 108 — 9) 335 

—7 
boards of education, powers (68) 

333 
establishment (64) 333 
examinations (218) 334 
qualifications of pupils (69) 334 
quota (108) 335 
subject to regents (69) 334 
academies 

apportionment to (108) 7, 337 
changed to academic departments 

(68) 333 
contract with 334 
defined (5) 8 

dissolution (222—6) 422—5 
incorporation (221) 419 
lease of 333 

retransfer (68—9) 334. 422—5 
trustees (67—8) 426—9 
actions 

against school officers (118 — 9) 36 
county judge to compel tax for 

costs (118) 285 
expenses in defending, tax for 

(27) 284—6 
for recovery of taxes (101) 66 
supervisors sue for money due 

(13) 374 
teachers' wages unpaid (27 — 8) 

117 
trustees, against predecessor (54) 
286 

(439) 



actions, continued 

code of civil procedure (302:1897) 
q (282—3) 286 

advisory board 33 

affidavits 

commissioner may take (88) 406 
school commissioner may take 
(81—2) 390 

agriculture 297, 396 
Alfred university 401 
Cornell college of 400 
Morrisville school of 401 
St. Lawrence university 400 
state schools of (240—7) 400 

Albany normal college 404 

alcoholic drinks, see physiology and 
hygiene 

Alfred university, state school of 
agriculture (243 — 5) 401 

annual meetings, see school meetings 

annulment of certificates 89 — 95, 
387, 406 

apparatus 

apportionment for (108) 335 
boards of education to purchase 

(63 — i) 330, 338 
district to vote tax for (26) 27 
expenditures for (51) 331, 3.38 
loaned for extension work (218) 

411 
purchase of (34) 278 
repairs (51) 331 

appeals preferable to courts 234 
altering school districts (9) 10 
annulling certificates 95 
expenses of officers, tax for (27) 36 
from school commissioners (84) 
382 



440 



School Law 



[appeals 



appeals, continued 

school commissioner to report tes- 
timony to commissioner of 
education (81) 391 

to commissioner of education (71 , 
89—90) 141—5. 234, 382 

See also decisions 
appellate division libraries (201 — 3) 
h 417 
appointment of heads of departments 

and subordinates (86) 394 
apologies 254, 257—9 
apportionment, tee academic depart- 
ment, public library money. 

school librariew, school moneys 
arbor day (156—7) 205 — 6 
archives in state library (190 — 1) 415 
art associations, incorporation (221) 

419 
assessment, see taxes 

rolls. 11 
assigning pupils 329 
associations, incorporation (221) 419 
attendance 

compulsory (121—30) 185—98 
of Indians (168—73) 185 

record of (125—6. 134) 189 

officers (126—7) 192—3. 348, 371 

Indian schools, (171) 185 
attire of pupils 169 
authority, extent of 157 — 64, 254 
ballot boxes provided 

by boards of education (58) 320 

by trustees (39) 41 
ballots for pensions 369 

in common districts (39) 41 

in villages 350 >^'^, 
banking law (305—6) 61—2. 280 
bankruptcy 91, 131 
banks 'i^ fr"** £a 

savings, in schools (305 — 6; 280 

taxation of (271—6) 61—2 
Batavia institution 250 — 1 
beer, sale of 197 
begging forbidden 195 
beuuests 430 — 5 

authorized (312—7) 430—5 



bebuesis, continued 

of personal property exempt (320 

—1) 434 
to corporations (311—21) 431 
transfer tax, exemptions (320 — 1"> 

334—5 
see also gifts; trusts 
Best, Lyman O. 140—1 
Bible in school 214—20 
birds nests and eggs, permit to make 

collection (322—3) 414 
blackboards, tax for (26) 27 
blind, instruction of (173—9) 250—1 
board oi education (55—72) 324 — 48 
academy, may adopt (68) 326 

333—7 
apparatus 331 
appointment of oflficers i(44 — 5) 

324, 325, 342—3, 348 
assigning pupils 329 
bonds, issue of (103) 277 
borrowing money 340 
clerk 342, 348 
colored children 329 
committees 326 
condemnation for site (34) 331 
contingent expenses 345 
contracts, not to be interested in 
(69—70) 347 
with academies 334 
with trustees in other districts 
(140) 338 
corporate bodies (56) 324 
control of district 333 
course of study 327, 328, 330 
drawing required 327 
election (15, 56—60) 324 
disputes concerning (59) 320 
in new districts (59—60) 319— 

21, 324 
inspectors (58) 321 
notice of (58) 315 — 6 
record of votes (58) 321 
special (59) 319, 320 
expenditures limitation (66) 346 
fire drills, duties relating to (156) 
343 



bonded] 



Index 



441 



board of education, continued 
fire escapes, construction (31) 26 
furniture 331 
gifts 333 

industrial drawing (161) 327 
— schools (162—5) 328—9. 344 
inelegibility (37) 51 
laws applying to (72) 
leasing academies 333 
librarians 338 

library property, transfer (199) 
meetings (66) 326 

annual (60) 325 

special 325, 347 
non-resident pupils 338 

tuition 336 
number of members (60 — 2) 324, 

325 
officers 324, 325. 342—3 
powers and duties (62 — 5) 326 — 

48 
president (56) 324 
property, title to 332 
records (69) 346 
removals from office (62, 65) 325. 

339 
repairs 331 
reports (69, 88—9) 336. 347 

of pupils from other districts 
(141) 
rules and by-laws 326. 327 
school houses, construction 330 

use of for certain purposes (31) 
219 

outbuildings, pro vision for (32 — 
33) 339 

sites, designation without vote 
(33) 331 
purchase of 330 
sale of 332 

— libraries, librarian (198) 338 

— meetings, duties relating to 

(16, 17, 18.) 314—23 

— special, may call (23) 347 

— moneys, custody and payment 

of (66—7) 336—8, 345 — 6 



board of education, continued 

estimate of expenditures(70) 344 
stimulants and narcotics 330 
superintendent of schools (65 — 6) 
340 
supervision by commissioner (88) 

347 
taxes for bonded indebtedness (10) 

277 

certified to corporate authori- 
ties (71) 351 

may levy without vote (70) 34S 
teachers, contract with (137) 338 

relationship to (137) 338 

— institutes, reports on (144) 
110, 267—8 

— training schools (147) 341 
term of office (56. 57. 60, 61, 62) 

324—5 
text-books, to designate (138 — 9) 

330 

to furnish (139) 330 
titles to lands vested in (35) 332, 

359 
trustees, powers of (67 — 8) 326 

of union school district, electioa 
(15) 324 
vacancies in office (40) 325 

how filled (64) 339 
village 349—56 

visitation of schools (66) 326, 347 
vocal music (162) 328 
waterclosets, to provide (65) 339 
See also school trustees; union free 

school districts 
board of supervisors, see supervisors 
boarding place 117 
bond 

collector's (26. 43^. 45, 98) 4.'j 

recovery of money on (46) 47 
supervisor's for school moneys 

(77) 372 
treasurer's (26, 43. 45) 48 
trustees (115) 275 
bonded indebtedness 

apportionment of (11) 350 



442 



School Law 



[bonded 



bonded indebtedness, continued 
charge npon enlarged district (10) 

323 
districts having, not to be divided 

(9) 10, 11 
bonds (103—4,) 277 

sale, notice of (103 — 4) 277 

payment of proceeds (42) 48 
sale of site, security for (34) 23 
books 

bought, approval for (197) 29, 33 

forfeiture of grants (196) 33 

subject to return to state (198) 
33 
loans for extension wotk (218) 32 
of delinquent libraries (199—200) 

31 
penalties for detention(195- — 6) 31 
regents may buy for libraries (197) 

32 
standard for local subsidies (193) 

29 

— and apparatus, apportionment 

for (108, 109) 335 

power of trustees 278 
botanist, state, member of museum 

staff (219) 412 
boundaries of districts 385 
branch institutions, establishment 

restricted (221) 420 

— libraries (192) 417 

— schools 279 

buildings, see schoolhouses 
bulletins issued by regents (220) 418 
business law, (12:1909)q (307—8) 

419 

— schools, use of name college 

(226) 425 
by-laws, regents may make (218) 

411 
census 193, 405 

board in cities 359 

Indian inhabitants (172) 193 

school (185—8) 193, 279 

expenses, how paid (107) 193 
certificates, protection against fraud 

(226) 420. See also college grad- 



ceriificates, continued 

uates' certificate; normal schools; 

teachers certificates. 
chancellor of university (217) 410 

duties (217) 410 

meetings, to call (217) 410 
charters, corporations 

business corporations law (12: 
1909)q (307) 419 

constitutional provisions (307) 
419 

membership corporations law 
(40:1909)q (308) 419 
— of university institutions (221) 
419—22 

alteration or repeal (221 — 2) 
420—1 

conditions of granting (221) 420 

library (195) 30 

property requirements (221) 420 

provisional (222) 421 

rechartering (222) 421 

restrictions, degree-conferring 
power (22G) 420 

surrender (226) 422 

suspension (220) 425 
charts 278 

Cheney, Francis J. 225 
children, unlawful employment (124, 

125, 287—301) 189—98, 354—6 

See also pupils; school age. 
cigarettes 197 — 8 
cigars 196 — S 
circulation, subsidies granted on 

(193—4) 29 
cities 357—68 

apportionment to (105, 107, 108 
—9) 266, 270 

census board 359 — 64 

deposit of moneys in (66 — 7) 351 
—2 

industrial schools 358 

libraries (192) 27—35 

property in trust (113) 432 

requirements for grade schools 357 

school commissioner district, shall 
not form part of (79) 381 



commissioner] 



Index 



443 



cities, continued 

school district for apportionment 

(112) 359 
taxes, corporate authorities to 

levy (71) 359 
teachers' training schools or 

classes (147) 353 
treasurer or chamberlain, certi- 
ficate of apportionment of school 
moneys to (110) 270 
civil procedure (302:1897)q (282—3 

83) 60, 286 
Clark. John H. 238 
cleanliness of pupils 169 
clerk, see district clerk 
closing school 112, 135 
collection of taxes, see taxes 
collector 

bond (26, 43—4, 45, 98) 45, 46 
recovery of money on (46) 47 
county treasurer, payment to 
(42, 45) 47 

payment of tax to collector 
(100—1) 63—70 
custody of moneys (45) 45. 46 

transfer to treasurer 48 
disbursements of moneys (74) 46 
election in common school dis- 
tricts (25) 41 
in union districts 343 
fees (99) 47 
jurisdiction (98) 64 
liability of, for money lost (46) 46 
railroad companies, assessment 

(99—100) 63 
reports of receipts and disburse- 
ments (45—6) 46, 47 
taxes, notice of (98 — 9) 65 
unpaid, return of (101) 67 — 8 
warrant for collection of (97 — 
S) 63—6 
teachers' fund, to disburse (44) 46 
pensions, payment (136) 370 
trustees may not hold office of 
(37) 52 

not to draw on unless record 
is verified (134) 121 



collector, continued 

union free school districts (45) 

348 
vacancy in office (40) 45 
how filled (40) 281 
college graduates certificate (132) 

307—10 
colleges (6) 425—30 
defined (5) 8, 425 
degree-conferring power (221) 

420. 426 
incorporation (221) 418 — 25 

conditions of (221) 420 
name, use of (226) 425 
trusts, may hold (313,316) 428 
water-works and sewer systems 
(229—31) 429—30 
Colonial history, extra copies (191) 

416 
colored children, schools for (185) 

329 
commissioner of education (5, 84 — 
9) 8, 174, 394 — 408 
academy, approval of adoption 

(68) 333—4 
accepts resignation 42 
affidavits 406 
annulling certificates 406 
appeals or petitions to (71, 89 — 

90) 407—8 
appointment (85) 394, 407 — 8 
apportionment 266 — 70 
approves amended tax list 65 
contract with district 38 
gifts for library 29 
schoolhouse plans 25 
arbor day exercises (156 — 7) 

205—6 
boards of education, election dis- 
putes (59) 320—1 
may order special election to fill 

vacancy (59, 65) 339 
removal from office (62) 325 
under his supervision 347 
buildings, approved by (29 — 30) 
406 
regulations for ventilation 30 



444 



School Law [commissioner 



commissioner of education, cont'd 
compulsory education law (130) 

192 
condemnation of schoolhouses 24 
contingent expenses (70) 345 
deaf and blind institutions (173 — 

4, 175) 247—51 
decides as to eligibility 52 
departments 394 
designates what must be reported 

43 
district boundaries 10 
fines, apportionment of (116) 271 
forms, preparation of (88) 406 
grants certificates 82 
Indian children, duties regarding 

(167) 404 
indorses certificates 86 
industrial and trade schools (164) 

404 
normal schools, powers and duties 

(148, 149. 150) 402—4 
oaths, power to administer (88) 

406 
office continued (85) 393 
— in capitol (85) 393 
orders special meetings 16 
patriotic exercises, provisions for 

(154—5) 279 
penalty for falsely claiming to re- 
present (117) 278 
physiology law, duties relating to 

(160) 205 
pictorial reproduction (160 — 1) 

352 
powers and duties (85 — 6) 394 
property in trust (113) 274 
regulations, power to make 394 
removes school officers 52, 72 
report to legislature (87) 405 
reports of librarians 34 
rules for libraries 34 
salary (85) 394 
school commissioner to report^tes- 

timony (81) 390 

may fill vacancy (80) 384 

— withhold salaiy (81) 385 



commissioner of education, cont'd 
subjection to and report to (83 
—4) 382 

— districts, appeal from action 

altering (9) 10 
minutes of meeting to organize 

union school to be filed with 

(16) 318 
proceedings of meetings, to be 

notified of (18) 323 

— libraries, rules (198) 34 

— library moneys, may withhold 

(200) 35 

— meetings, special may call (22) 

16 
of two or more districts, may 

order (15) 317 
to form union school 315, 317, 

318 

— moneys, apportionment (105 — 
10) 144, 266—70 
apportionment withheld (158 — 

9) 205 

compulsory law 192 
certificate of apportionment 

(110) 
withholding (88) 406 

— neighborhoods (18—9) 12 — 4, 

49—50 

— officers, removal (88) 52 

— trustees' reports (141) 281—2 
seal (86—7) 395 

secretary of regents 394 

state normal college, control of 

(153—4) 404 
suits or proceedings, to enforce 

decisions oi (118, 119) 285 
supervision of union schools (88 — 

9) 347 
tax-list, approval of amendment 

of (98) 65 
teachers, dismissal (138) 124 

to keep register of (87—8) 406 

— certificates, may grant and re- 
voke (132—3) 82—99. 287— 

312 
power to annul (87) 89 — 9 



coterminous] 



Index 



445 



commissioner of education, cont'd 
may revoke for refusal to teach 
physiology and hygiene (158) 
203 

— institutes, duties relating to 

(141—2, 145) 388—0 
instruction in vocal music (162) 
328 

— training schools and classes, 

apportionment for (112 — 3) 
342 

duties relating to (145, 146) 
341—2 
term of office (85) 393 
traveling expenses, allowance 

(85) 393 
trustee of Cornell 395 
trusts, control and supervision 

(114) 273—5 

report of to (114) 274 
union school district, may author- 
ize meeting to organize (14) 

315, 317, 318 
university seal 395 
vacancy in office, how filled (85) 

393 
village districts, population of (65) 

340—1 
visitation of common schools by 

(87) 405 
visitors of schools, local, may 

appoint (87) 405 
withholds library money 35 

public money 72, 406 
commissioner, school, see school 

commissioner 
common school districts, see schoo I 
districts 

— school fund 7, 264 
— schools 

constitutilnal provisions (264) 7 
free to resident pupils (138) 172, 

173, 242—62, 338 
nonresident pupils (138) 115, 338 
See also school districts', school 

meetings 



composition 208 j 

comptroller, school moneys 
gives warrants 33, 226, .392 
repays county treasurers 69 
withholds payment (112) 273 

compulsory education (121 — 30) 
185—98, 239, 361 
of Indians (168—73) 185 

concurrent authority 157 — 64 

condemnation of land 
college water works 430 
schoolhouse sites (34 — 5) 23 — 4 

constables at Cornell 395 

constitutional provisions relating to 
education (264—9) 7, 172 

contingent expenses (70) 345 
fund established (105) 266 

contracts 

between school districts (140 — 1) 

268—9 
boards of education not to be in- 
terested in (69—70) 347 
for building schoolhouses (32) 71 
for library privileges (193) 29 
officials not to be interested in 

(286) 71 
teachers (137) 93—147 

Coolidge. Judge q 37 

conveyance of pupils (28) 38, 186 
Cornell univeisity (231-42) 395-400 

corporal punishment 178. 221 

corporate authorities to levy taxes 
(71) 351 

corporations 419 — 30 

bequests to (311—21) 431—5 
dissolution (310 — 1) 421 
incorporation by special act for- 
bidden (.307) 418 
management (310) 419, 426—9 
property holding (309) 428 
receiver (310—1) 424 
stock (307. 308—9) 423—4 
See also charters " 

costs in actions by or against school 
officers (118—9) 284—6 

coterminous boundaries 349 



446 



School Law [counterfeiting 



counterfeiting credentials (227) 426 
counties, grants of property to(113) 

273 
county clerk 380 

school commissioner to file trustee 
tees' reports with (84) 382 
to forward to commissioner of 
education certificate of elec- 
tion (79) 380 
to give notice of vacancy in 
office of (80) 380, 384 
school moneys, certificate of 
apportionment to (110) 270 

— judge 380 

appeal to (119—20), 285 
hearing before (120) 285—6 
penalty for disobedience to sub- 
poena (82) 391 
school commissioner, may fill 

vacancy in office of (80)384 
supervisor's bond 276 
tax for costs in actions, to com- 
pel districts to levy (118) 285 

— law (16:1909)q (304) 381 

— treasurer 

bank stock taxes 62, 375 
fees 59 

fines, disposition of (116) 271 — 2 
railroad companies, assessment 

(100) 65—6, 380 

payment of tax to (100) 65 — 6 
school moneys, annual report of 

(110) 376 

apportionment to be certified to 
(109—10) 270 

payment of (110) 270 

payment to, statements of (111) 
271 
supervisor's bond (77 — 8) 372 
tax list, transmission to (102) 65 
taxes, payment to collector (100 — 

1) 66 

on state lands 59 

unpaid, collection of (102) 68, 
407 
trustee of unclaimed academy 

stock (226) 424 



course of study 199—220 

boards of education to prescribe 

(62—3) 327—30 
compelling pupils to follow 208 — 

13 
school commissioners, duties con- 
cerning (83) 385—6 
trustees to prescribe in common 
schools (49) 199—213 
court of appeals 

judges law libraries (201) 417 
libraries (200—1) 417 
credentials 411—2, 420, 425—6 
conferment by regents (218) 411 

2 

for extension work (218) 411 — 2 
fraudulent (226) 425—6 
crimes 158, 191, 196, 227, 241 
Crooker, Sup't q 78 
dainages 

any person 37 
district trustee 286 
for expulsion 261 — 2 
pupils 260—2 
school commissioner 8.5 
teacher 39. 85. 138. 143. 145. 147 
to school property 167, 225, 253 
dance halls 196, 197 
Dannemora, assessment (94) 58 
deaf mutes, (173—9) 247—51 
debts of district 11 

of teachers 91, 131 
decedent's law (18:1909) q (311— 

2) 433 
decisions, appeals from (89 — 90) 407 
declaiming required 210 

definitions (5, 6) 8 
degrees 8, 411 
at Cornell 396 

charter restriction (221) 420 
conferring by institutions (226) 
a franchise 411 
power restricted (221) 
honorary, by regents (218) 411 
protection against fraud (226) 426 
provisional charter gives no power 
to confer (221) 420 



Easton] 



Index 



447 



delinquent and dormant institutions 
(220) 418 
suspension of charter (220) 418 
delinquent libraries (196, 198) 31 

books (199—200) 31 
denominational schools 7 

theological seminaries 411 
departments of university (219) 412 
detention of library or museum prop- 
erty (195—6) 31 
devises, see bequests 
diplomas 429 
conferment by regents (218) 411 
conferment restricted (226) 425 — 

6 
indorsement of (132 — 3) 86 
directors 8 
dissolution 

of academies (222—6) 421 

of corporations (310 — 1) 421 

of educational corporations (222) 

421 
school districts (8, 9 — 10) 11 
union free school district, restrict- 
ed (16) 322 
district attorney, appeal to (119) 285 
fines, report and payment (116) 
271 
—clerk 43 — t 

duties (41—2) 43—4 

in union districts 342, 348 
election (25) 41 
fines 11, 43, 321 
forfeiture of moneys lost (117—8) 

269 
notice of meeting 15, 17 
— to persons elected (39) 42, 43 
oath, teachers, taken by (134) 121 
poll list kept by (39) 41,44 
records of dissolved district (12) 

11 
school meetings, may designate 
place of (22) 16 
notice of (21) 15 
special, may call (22) 16 
treasurer's bond, to file (43) 48 



district clerk, continued 

trustees may not hold office of (37) 

52 
in union free school district (44 — 

5) 343 
vacancies on office (40 — 1) 281 
votes, to record (58) 321 

— collector, see collector 

— libraries, see school libraries 

— meetings, see school meetings 

— officers, see school officers 

— quota (105, 106) 226—7 
district entitled to (107, 140) 267 

268—9 

— treasurer 21, 48 — 9 
bond (26, 43, 45) 48 
duties (42—3) 48 
election (25) 21 

in union districts 343 
qualifications (37) 48 
school moneys, disbursement (74) 
48, 371 

payment to (110) 48, 371 
teachers' institutes, expenses (144 

—5) 388—9 
term of office (26) 21 
trustees, may not hold office of 
(37) 52 

not to draw on unless record is 
verified (134) 121 
union free school district (45) 

343 
vacancy in office (40) 281 
how filled (40) 281 
districts, see school districts 
disturbance of school 155 
division of districts 250 
Dix, Sup't q 239 
Draper, Com'r q 157, 184, 235 
drawing, instruction in (161 — 2) 327 
duplicate department of state library 
(191) 416 
exchanges (192) 416 
loans of books from (197, 219) 
41.5—6 
Easton, Judge q 229 



448 



School Law 



[education 



education, boards of, see boards of 
education 

— fund (265, 302—3) 7, 205 
educational institutions 

penalties for detention (195 — 6) 31 
for injuries (195) 30 
employers fined 190 — 1 
employment certificate 355, 367 

— of children, unlawful (124, 125, 
287—301) 185—98 

in mercantile establishments (292 

—9) 187—8, 354—5 
in street trades (299—301) 195—8 

employment of teachers, see teachers 

entering building 72, 155 

entomologist, state, member of mu- 
seum staff (219) 412 

enumeration, see census 

equivalent instruction 187 

evening school certificates 368 

— school for industrial drawing 

(161—2) 327 

examinations 

academic (218) 334—5, 411 
Cornell scholarship 397 — 9 
extension work (218) 411 — 2 
fraud in (227) 425—6 
physiology and hygiene (158) 203 
regents, law authorizing (218) 409 
use of schoolhouses for (31) 72 
See also teachers certificates 

excuses for absence 178, 185 

fxemptions from taxation (265 — 
9) 59—61 
for building school houses (97) 58 

expenditures of school moneys 
estimates of (70) 344—5 
vote on (36) 24—7, 345 
to be by ballot (28) 20 

expulsion 238, 245 

extension courses 8 

of business by institutions, re- 
striction (221) 
of educational facilities (218 — 9) 

411—2 
work in agriculture 400 



extent of authority (721) 
factories, employment in (287 — 92) 

187—98 
false personation in examinations 

(227) 425—6 
fees 

for admission to examinations 
(218) 335 

collector's (99) 47 

libraries, assistance to (197) 32 

supervisor and town clerk (13) 10 

town clerk (44) 45 
felonies 

any person 283 — 4, 426 

guardians 195 

parents 195 
financial provisions, state finance 

law (58:1909) (302—3) 265 
fines (115—21) 271—2 

any person 11, 18, 20, 30, 31, 42. 
83, 155—6, 282, 284, 330, 364. 
391, 415, 426 

apportionment (116 — 7) 271 — 2 

compulsory law (124, 5) 190—8 

detention of property (196) 31 

disposition of (116—7) 271—2 
in joint district (117) 272 

district clerk 11, 43, 321 

— trustee 39, 81 

employers 190 — 1 

fire drills, neglect of (155) 343 

guardians 190—1, 193, 195, 364 

Indian children employed (170) 
185, 190—8 

injuries to property (195) 30 

neglect to sue for 272 

notice of district meetings not 
served (24) 18 

parent 190—1, 193, 195, 364 

payments on (111) 271 

pupils 167—8, 198 

report and payment (116) 271 

supervisor 20, 376 

teacher 121, 125, 234, 235, 330, 344 

teachers, unqualified, paymentof 
(134) 80—1 



Hoose] 



Index 



449 



fines, continued 

votes, failure to record (58) 321 

— for false declaration (25) 20 
See also penalties 

fire drills (155—6) 343 

— escapes (30—1) 21 

f.ag, display on school grounds (154 

—5) 279 
forest, fish and game law, extract 

from (322—3) 59, 394, 414 
forfeitures, any officer 269 

collector 46 

district 192, 203, 389, 406 

— trustee 272, 282 
normal school 204 

school commissioner 272, 385 

teacher 121 

teachers' institute 204 

training class 204 
forms, preparation of (88) 406 
fraternities 164, 165 
fraud in obtaining credentials (226 — 

7) 425—6 
Fredonia normal school (150 — 1) 

401 
free public libraries, see public li- 
braries 

— scholarships at Cornell 397 — 9 

— schools 7. 172, 173, 242—62, 338 
fuel, district to furnish (26) 24, 338 
funds (265, 302—3) 264—6 

See also public money; public 
library money, school libraries; 
school moneys 
furniture, district to furnish (26) 

24, 331, 338 
garb, religious 79 

general business law (25:1909) q 
(378—9) 411 
construction law (27:1909) q 

(281—2) 267 
corporation law (28:1909) q (309 
—11) 419 
geography required 209 
geologist, state (219) 412 
gifts 430—5 



gifts, continued 

authorized (312—7) 273—4, 430 

—5 
boards of education, powers (64) 

432 
to corporations (311 — 21) 431 
libraries (193) 28—9 

conditional acceptance of (193) 
28—9 
See also bequests; trusts 
Gilmour, Sup't q 108, 162, 182, 206 
255—6 

and J. H. Hoose 146—7 
globes, district to vote tax for (26) 27 

power of trustee to buy 278 
gospel and school lots (113 — 5) 274 
—5 

payment of proceeds (77) 275 
report of supervisor (114) 274 
supervisors' duties (75 — 7) 274 
—5. 374—5 
— funds, apportionment (114 — 5) 

275 
grading pupils 207 
grammar 209 

grants, see bequests; school moneys 
graphic reproduction, special in- 
struction by (160—1) 352 
guardians 8 
felonies 195 

fined 190—1, 193, 195, 364 
misdemeanors 195 
habitual truants 194 
Herbesen, Judge q 218 
high schools (5) 8 
highm- education defined (6) 8 

in constitution 7 
historical associations, incorporation 

(221) 419—20 
holidays (281—2) 109, 267 
exercises 109 
religious 176 — 7 
schools not to be in session (107) 

267 
state library 415 
Hoose, James H. 146 — 7 



450 



School Law 



[hours 



hours of labor of minor (292 — 3) 366 
of school 170—1 

idiots, asylum for 401 

illness 136 — 7 

immorality 91, 140. 252 

in loco parentis 261 

incapacity of pupils 246 
of teacher 132 — 3 

income from trust fund, accumula- 
tion of (317—20) 433 

incorporation, see charters 

indebtedness, see bonded indebted- 
ness 

Indian collection (220) 413 

—law (31:1909) q (322) 413 

— reservation, apportionment to 
(106) 266 

— schools (167—8) 404 
Indians 

compulsory education (168 — 73) 
185 

in normal schools (152—3) 403—4 
indictment 131 

indorsement of diplomas (132 — 3) 86 
industrial schools (162-5) 228-9, 344 

in cities 358 

inspection (86) 328 

supervision by commissioner of 
education (86) 404 

teachers (86) 328, 329 
— drawing, instruction in 327 
— training at Cornell 396 

in truant schools (130) 194 
infectious diseases 245 
injuries to property, penal ties (195) 30 
insanity law (32:1909) q (321) 417 
inspection 

by boards of education (66) 326 

by commissioner (87, 88) 405 

by local visitors (87) 405 

by school commissioner (82 — 3) 
385—6 

deaf and blind, institutions for 
(173 — 4) 247 

industrial and trade schools (86) 
404—5 



inspection, continued 

libraries (193) 29 

required before granting right to 
name college (226) 425 •-< 

university institutions (220) 418 
inspectors of election (58) 320 

common school districts (39) 41 
institutes, see teachers institutes 
institutions in university (220) 418 
insubordination, pupil 253 

teacher 125, 133, 148 
insurance 

normal schools (151—2) 403 

school Hbrary (49, 63) 35, 73 

schoolhouses (49, 63) 35, 73 

trustees to insure school property 
(27) 73 
janitor work, pupils 166, 167 

teachers 115, 166, 167, 276 
joint districts, see school districts 
judge, see county judge 
judgment for teachers' wages, how 

satisfied (27—8) 36—7 
kindergartens (165 — 6) 172, 205 

tempe.ance law 202 
labor certificates 187, 354 
—law (36:1909) q (287—301) 185— 

98, 353 
— unions 358 

lands, state tax on (269 — 71) 59 
lantern slides 342 
leasing academies 333 
lectures, extension, regents may 

designate (218—9) 411—2 
lejt-handed children 169 
legislature, members may borrow 

from state library (191) 415 
Lewis, John G. 226 
libel 138 — 41 
librarians 338 
libraries (188—214, 321) 8, 27,-35 

abolition (198) 33 

advice 32 

apportionment 33 

books 33 



misdemeanors] Index 



451 



libraries, continued 
branch (192) 28 
charters (195, 221) 30 
commission 197 
establishment (192—3) 27—9 
free 30 
fund 29, 33 
gifts to (193) 28 
inspection (193) 29 
museum collections (194) 412 — 3 
neglect (196) 31 
penalties, for detention (195—6) 

31 

for injuries (195) 28, 33 

subject to return to state (198) 
32,35 
reports (192, 195) 30 
school 34, 197 
state hospitals (321) 417 
subsidies (193—4) 28—9 
suspension 31 
taxes (193, 194) 29 
town 417 
transfer (196) 31 
transfers to state library (191 — 2) 

33 
traveling (197) 32 
trustees (194—5) 29, 32 

regents may remove (196) 32 
See also public libraries; school 

libraries; state library 
library commission (197) 

— fund (194) 29, 33 

— school (197) 34 

licenses, protection against fraud 

(226) 425—6 

See also teachers' certificates 
limit of authority 

of teacher's power 236 
Lincoln's birthday 155, 280 
liquors sold 

by children under 16 197 

near schoolhouse (304 — 5) 22 

to minors under 18 198 
literature fund 264 

application of moneys (66) 7, 
335—7 



loans 

for extension work (218) 411 — 2 

from state library (192 196 — 7, 
219) 412, 415—6 

from state museum (219) 414 
Lyons, Judge q 151 
McAdam, Judge q 37 
machinery, repairs to (196) 185 — 98 
malice of pupils 253, 261 

of school commissioner 85, 89 

of teachers 224 

of trustees 127 — 45, 260—1 
mandamus 117—8, 142, 173, 252, 

260, 261 
Mann, Horace, q 152, 159 
manual training schools (164) 329 
manuscripts 

on file, state library (190 — 1) 415 

removal from state library (191) 
415 

transfer to state library (192) 415 
maps, district to vote tax for (26) 27 

power of trustee to buy 278 

transfer to state library (192) 414 
married women 79, 124 — 5 
Mathew, Judge q 228 
Maxwell, Wm. H. 140—1 
medical library (190) 415 
membership corporation law (40- 

1909) q (308) 419 
memorial day (155) 280 
mercantile establishments, employ- 
ment in (292—9) 187—98 
Miller, George Turner 389 
military drill at Cornell 396 

excluded from public schools 
(155) 280 
misrepresentation 124 — 5 
misdemeanors 

any person 57, 72, 83, 155 — 6, 163, 
193, 278 

district trustee 71, 81, 263 

guardian 195 

parent 195 

pupil 198 

supervisor 376 

teacher 99, 194, 200 



452 



School Law 



[moneys 



moneys, see library fund; public li- 
brary money; school moneys 
monitors 267 
month, school 108, 116 
morning exercises 214—20 
Morrison, Sup't q 161 
Morrisville, school of agriculture at 

(245—7) 401 
mortgage, security for site (34) 23 
municipal corporations may estab- 
lish libraries (192) 27—8, 417 

See also cities 
museums (192^ 8, 412—4 

collections (194) 412 

incorporation (221) 419 

municipal corporation may estab- 
lish (321) 417 

penalties for detention (195 — 6) 
31 
for injuries to property (195) 30 

reports (195;) 30 

See also state museum 
music 166 
names of school officers 43 

of institutions, change (221) 421 

use of word college (226) 
Natural history, extra copies (191) 

412 
nature study 297 
negligence actions 

children 251 

trustees 37 
neighborhood clerk 13, 44 

apportionment 270 

school 12 

apportionment 270 

trustee 49 — 50 
New York city 

law q 267 

payment of moneys to (llOj 270, 
337 
New York state asylum for idiots 

401 
^ew York state college of agricul- 
ture (240—2) 400 

normal college (153 — 4) 404 



New York, continued 
school for blind (179—85) 250—1 
veterinary college (238 — 40) 399 
newsboys, permit and badge (299 — 

301) 364—6 
newspapers 

articles by pupils 163 

badge 364—6 

notices in required 277, 332, 347, 

349. 369, 399 
when to be sold by children 364 — 

5 
non-resident 

owners of real estate 56 
pupils 173, 338 

apportionment for tuition (108 
—9) 

extra pay for teaching 115 
tuition (64, 138) 336 
normal schools (147 — 54) 401 — 4 
academic department 403 
admission requirements (150) 402 
cour.se of study (149) 401 
diplomas (150) 402. 406 

in cities 357 

indorsement (132 — 3) 86 
drawing required 327 
grants and bequests (152) 403 
Indian youth in (152—3) 404 
industrial drawing, course in (161) 

327 
insurance (151 — 2) 403 
local boards (148) 401 

defaulting (150) 402 
physiology and hygiene, instruc- 
tion in (158) 203 

duties of principal (159) 204 
policemen, special (151) 403 
reports 401 
supervision by commissioner of 

education (86) 401 — 4 
teachers (149) 402 
traveling expenses 404 
Norton, Judge, q 161 
nuisances 386 
oaths, power to administer 



physician] 



Index 



453 



oaths, continued 

commissioner of education (88) 
406 

school commissioner (81) 390 
observatories, trusts for (31.3, 316) 

431 
officer of institution, ineligible as 

regent (217) 410 
officers of university (217) 410 

See also school oflficers 
Onondaga nation, wampum keeper 

(322) 413 
ordinances, regents may make (218) 

411 
orphan schools (166 — 7) 79, 173 
outbuildings, see water closets 
outside stairways 26 
paid help from state library (197) 32 
paleontologist, state (219) 412 
papers, see manuscripts 
Pardee, Sheldon J. 134 
parent and teacher 222, 261 

child punished for 251 

not to get child's damages 262 

notified before expulsion 259 — 60 
parental relation (6) 8 

census information 360 — 1 
parents, disturbance by 155 

felonies 195 

fines 190—1, 193, 195, 364 

misdemeanors 195 

refusal to give information 364 
parliamentary rules 18 
parties, attending 163, 166, 261 
patriotic exercises (155) 279 
paupers, education of 172 
pawnbrokers 197 
pecuniary fines, pupils, 167, 225 
penal law (88;1909) q (283—7) 18, 

56—7, 71, 72, 155, 222—3, 263, 

282—3 
— provisions, schools and school 
officers (283 — 7) {same as above) 
penalties 271 

children, unlawful employment 
(125) 190 



penalties, continued 

commissioner of education, re- 
gents or other school officer, 
falsely claiming to represent 

(117) 278 

fire drills, neglect of (155) 343 
forfeiture of, for neglect to sue for 

(118) 272 

fraudulent credentials (226 — 7) 

425—6 
for injuries to property (195) 30, 

167, 225 
neglect to sue for 272 
notice of school meetings, failure 

to serve (24) 18 
school officers, refusal to make 
report (22) 42 

refusal to serve or perform duty 
(39—40) 42 
subpoena, disobedience of (82) 391 
suits for (118, 119) 272 
supervisor's refusal to give bond 

(77—8) 375—6 
teachers, failure to complete con- 
tract (137) 123 

unqualified. payment of (134) 80 
teachers' institutes, failure to at- 
tend or close schools (144) 110 
text-boks, law concerning (139) 39 
trustee, failure to account (54) 282 
voters, false declaration or un- 
authorized vote (25) 20 
See also fines 
Pendergast, Rachel 229 
pension fund 370 
pensions 138, 369—71 

petition for (134—5) 369 
personal property, bequests exempt 
(320—1) 434 

law (45:1909) q (312—5) 431— t 
persons in parental relation 8 
Perth, Prof, q 236—7 
petitions to commissioner of educa- 
tion (89—90) 141—5, 234, 382 
physical fitness 368 
physician s certificate 367 



454 



School Law 



[physiology 



physiology and hygiene (157 — CO) 
201—5, 330 

examinations in (133, 158) 203 
instruction of pupils in (49, 63) 
201—5, 330 
pictorial reproduction, instruction 

by (160—1) 352 
pictures, apportionment for (108) 

335—6 
pipe line companies (277) 63 
playground, authority on 157 
police and census 359 

and newsboys 366 
poll-list in common school districts 

(39) 41 
poverty no excuse 186 
Pratt, Judge q 210 
president of college ineligible as 

regent (217) 410 
principals may punish 151, 223 
of academieb ineligible as regent 

(217) 410 
fire drills, to maintain (155) 343 — 
4 
prison offences 

any person 30, 31, 282, 283—4, 

364, 391, 426 
employer 190 — 1 
guardian 190—1, 193, 195, 364 
parent 190 — 1, 193, 195, 364 
pupil 168 
privileged replies 138 
profanity 251, 253 
professional schools (6) 8 
professorships, trusts for (313, 316) 

432 
property 

of abandoned district library (199 

—200) 33 
corporations (309) 428 
extinct (222) 423—4 
library, control by regents (196) 
30—3 
of transferred library (196, 199, 

200) 31 
subject to return to state (198) 
33 



property, continued 

penalties for injuries to (195) 30 
school district, consolidated (12) 

11 
See also gifts; taxes; trustees" 
trusts 
provisional charters (221) 420 
public documents part of state^li- 
brary (190—1) 415 

— health law (49:1909) q (280—1 

337—8) 174—5 

— holidays (281—2) 267 

— libraries (192) 27—33 
abolition (198) 33 

advise from state library (197)32 

apportionment 33 

delinquent libraries (196) 30 

forfeiture of state grants (196) 31 

formed from school libraries (196, 
200) 34 

free to residents (195) 30 

gifts to, acceptance of (193) 28 — 9 

incorporation (195) 418 — 9 

municipal corporation may es- 
tablish (321) 27—8, 417 

penalties for detention (195 — 6) 
31 

— for injury (195) 30 

reports (192, 195) 30 

school library property, transfer 
to (199) 34 

taxation (193, 194) 29 

transfers of books to state libraiy 
(191—2) 32 

trustees (194—5) 29—32 

— library money 
apportionment (197 — 8) 33 
forfeiture of grants (196) 31 — 3 
return to state (198) 32 

— motleys 263, 406 
pupil teachers 267 
pupils (130—8) 

assigning 329 
fines 167—8, 198 
misdemeanors 198 
See also children; nonresident 
pupils 



regents] 



Index 



455 



railroad companies 

taxation (99—100) 63 

apportioning valuation (277) 63 
Randall, Sup't q 214—5 
reading-rooms (192) 8 

penalties for detention (195-6) 31 
for injuries (195) 30 
real property law (52:1909)q (315— 

20) 431—5 
recess 170 

noon 157 
record books, teachers responsible 

(134) 121 
records 

boards of education (69) 346 
on file, part of state library (190) 

415 
removal from state library (191) 

415 
school record certificates 189 
teachers, 121, 188—9 
reference books of abandoned dis- 
trict libraries (200) 34—5 
absences (217) 410 
academic departments subject to 

(69) 334 
academy, aproval of adoption 

(68) 334 
abolished libraries 33 
advice to libraries 32 

may charge for 32 
apportion library money 33 
approve books for libraries 33 
library gifts 28 
transfers 34 
bylaws, ordinances and rules (218) 

411 
certify libraries 29 
chancellor 410 

charters, may grant (221) 420 
may alter or repeal (221) 421 
— suspend (22)0 418 
colleges or universities, name of 

(226) 425 
commissioner of education, ap- 
pointment of (85) 409 



regents, continued 

constitutional provisions (265) 7 

corporations 418 — 29 

court of appeals libraries (200 — 1) 

417 
defined (5) 8 
degrees 411 
departments of university (219) 

412 
diplomas 425 
dissolution of institutions (222) 

421 i 

duplicate department (191) 416 
education extension 41 1 
election (216) 409 

examinations, may establish (218) 
411 

extension work 411 

grant charters 29 

higher education 418 

incorporation 418 

ineligibility (216—7) 410 

inspection of university institu- 
tions (220) 29, 418 

institutions in university, powers 
(220) 418 

libraries, abolition of, duties re- 
garding (198) 27—35 
approval of transfer (196) 31 
books for, may buy (197) 33 
charters, may grant (195) 30 
gifts, approval of acceptance 

(193) 28 
property, control of (196) 28, 33 
reports, to submit (195) 30 
for state hospitals (321) 417 
trustee, may remove (196) 32 

library, state 412 

manuscripts and records (190 — 1) 
415 

meetings (217) 410 
quorum (217) 411 

museum, state 412 

name of college 425 

neglected libraries 35 



456 



School Law 



[regents 



regents, continued 

no "ex officio" members (216) 410 
number (216, 265) 409 
oath of office (217) 410 
officers (217) 410 
penalty for falsely claiming to re- 
present (117) 278 
powers and duties (86, 216) 409 
—35 

elementary and secondary 
schools (85) 393 
prescribe library rules 32 
quorum 411 

remove library trustees 32 
reports of libraries 30 
senior regent, powers (217) 410 
state library, conrtol of (190) 412 
— museum 412 

■ — normal college (153 — 4) 404 
suspend libraries 31 
term of office (216) 409 
testimony, authority to take(2l7) 

411 
vacancies in office (216) 409, 410 
to be reported to legislature 
(217) 410 
register, employer's 355 

See school registers 
religious control 7 
institutions 366 
instruction, school 214 — 20 

theological seminaries (218) 411 
sects at Cornell 395, 396 
services in schoolhouse 219 
See also sectarian schools 
removal 

attendance officer 193 

regent 410 

school commissioner 382 — 4, 389, 

391 
trustee 282, 325, 339 
repairs 71, 276—7, 331 
reports 

board of education to make (69) 

88—9) 347 
commissioner to make (87) 405 



reports, continued 

county treasurer to render (110) 
270 

from institutions, before appor- 
tionment (109) 336 

public Hbiaries (192, 195) 30 

of pupils from other districts (141) 
268 

school commissioners (83) 382 

school library (199) 30 

state library (192) 416 

— museum (219) 412 

trustees (52—3) 281 

from university institutions (220) 
418 
representing candidates 426 

school officers 278 
residence 173 
resignations, district clerk to notify 

trustees of (42) 43 
revoking certificate 77, 83, 89 — 95, 

123, 203, 217, 387, 389, 406 
rhetorical exercises 208, 210 
Rice, Sup'tq 231 
Rockland county 58 
Rockwell, JohnC. 383 
rooms hired 330 — 1 
Ruggles, Sup't q 162, 167, 168, 183 
rules and regulations 

commissioner 392 

reasonable 165 — 6, 251 

regents (216, 218) 409 

trustees 165—262 
rural renewable certificate 297 — 9 
St. Lawrence county (277 — 80) 9 

university, school of agriculture 
(242—3) 401 
sale of property 22—3, 332 
Saturday holiday 110 
savings banks in schools (305 — 6) 

280 
scholarships, trusts for (313, 316) 43 
school age (121—2) 172—3 

Indian children (168, 169) 185 

— authorities defined (6) 8 

— commissioner (70 — 84) 381 — 91 



school com'r] 



Index 



457 



school commissioner, cont'd 
accepts resignations 390 
acts may be appealed from (89) 

408 
affidavits, may take (81) 390 
annul certificate 89—95. 387 
appeal cases (81) 390 — 1 
apportionment 270 — 2 
arbor day (156) 205—6 
attendance officers 371 
bank stock taxes 390 
boards of education, may call 

special election (59, 60) 319 

— fill vacancies in office (65) 
52—3, 281 
boundaries of districts 385 
certificates to teach 82, 84—6,298, 

342, 386, 390 

endorses 86 
commissioner of adjoining dis- 
trict, may act for (81) 390 

must act with 10 
— of education, subjection to and 

reports to (83—4) 382 
condemning schoolhouses 387 
conflicting business forbidden (84) 

382—3 
defined (5) 8 

districts (79, 304) 9—12, 381 
election (79—80) 381 
examinations, use of schoolhouse 

for 388, 389 
examiniug teachers 82, 84 — 6, 298, 

342, 386, 390 
expenses (81) 384 — 5 
fills vacancies 390 
forfeiture for loss (117) 272. 385 
furniture 386 
institutes 72, 387 — 9 
names of officers 377 
nuisances 386 
oath of office (80) 382 
oaths, may administer (81) 390 
office continued (79) 381 
penalties for neglect 269 
physiology law (159) 204 



school commissioner, cont'd 

powers and duties (82-3) 385-91 
in districts under special acts 
(81) 391 
property in trust (113) 273 
qualifications (79) 381 
recommends rules 148 
removal (88) 383—4, 389 
repairs 386 
reports 382 
resignation (80) 384 

accepts school officer's 42 
revoking certificates 387 
school districts 9 

accepts resignations 42 
alteration 10 
apportionment (13) 12 
approval of proceedings (17) 322 
boundaries 10, 385 
condemning schoolhouses 387 
designation of union free school 

districts (16) 318 
dissolution and alteration (9 — 

10) 9—12 
division of union free school 

districts (17) 322 
fills vacancies 53 
first meeting 15 
formation and alteration (7 — 9) 

9—12 
furniture 386 
indebtedness, apportionment of 

(11) 11 
joint districts (8) 9 
meetings, approval of proceed- 
ings (17) 322 

effect of veto (17—8) 322—3 
minutes of meeting to organ-, 
ize union school to be filed 
with (16) 322—3 
nuisances 386 

records, may order district 
clerk to deliver to town 
clerk (12) 11 
special, may call (22, 23) 17 
to give notice of (21) 75 



458 



School Law [school com'r 



school commissioner, cont'd 

school moneys, apportionment of 
(111—2) 270—3 

certificate of apportion- 
ment to (110) 270 

— neighborhoods (18—9) 12, 
13 

— officers, may accept re- 
signation of (40) 390 

— trustees reports (141) 382 
school houses, condemnation of 

(31) 24—5 

consent to change site (33) 21 — 
2 

estimates of erection (31) 24 
— 5 
separate neighborhoods 12, 13 
special acts 390 

subpoenas, power to issue (82) 391 
teachers, examination and licens- 
ing of (81, 133) 85—6 

retired, may require services of 
(136) .370—1 
teachers' certificates, may grant 

and revoke (133) 82. 84—6, 

298, 342, 386, 390 
— institutes, duties relating ro 

(142—3) 72, 387—9 

may order payment of expenses 
(144—5) 388 
term of office (80) 381 
training classes, supervision (146) 

389 
trustee, not eligible as (37) 52 

may fill vacancies in office of 
(40, 41) 390 
vacancy in office (80) 384 

how filled (80) 380. 384 
visiting schools 385 
water closets 390 
— district (6—18, 79) 9—314 
alteration (8-9) 10, 378 
apportionment (107) 270 
bonded indebtedness (9) 10 
boundaries (82) 385 
consolidated, property (12) 11 



school district, continued 

consolidation (10) 11 

contracts with other districts 
(140) 38 

descriptions 378 

dissolution (9—10) 11, 12 

dissolved district, deposit of re- 
cords (12) 11, 378 
to exist for finishing business 

(12) 11 
sale of property (12—3) 11, 12 

formation (7—8) 9 
re-formation (10) 10 

indebtedness, apportionment of 
(11) 12 
outstanding 10 

joint districts (7, 8) 9, 10 
dissolution (8) 11 
formation and alteration (8) 10 

meetings (20 — 8) 15 — 10 

numbering 9 

separate neighborhoods 12, 49 

special meetings 16, 17 

trust funds (113) 273—5 

union school district, reorganiza- 
tion as common school district 
(16) 318, 321—2 
See also district clerk; district quota; 
district treasurer; school meet- 
ings; school officers; school 
trustees; union free school dis- 
tricts 
— houses 29—37 

academies 333 — 4 

boards of education, powers (63) 
330—2 

bonds (35—6. 103) 277 

branch 279 

condemnation (31 — 2, 83) 23 — 4, 
331 

erection (30, 31—2) 71—2 

exemptions from tax for building 
(97) 58 

fire escapes (30 — 1) 26 

for colored children 329 — 30 

fuel (26, 64) 24, 338 



school meetings] Index 



459 



school houses, continued 

furniture (26, 63, 64, 83) 24, 331, 

338 
hire, purchase, etc. (26, 63) 330 — 

1 
institutes, use for (143) 389 
insurance (27, 49, 63) 35, 73, 331 
location (29) 22, 25 
outbuildings (32—3) 71—2, 339— 

40, 390 
outside stairways 26 — 7 
plans must be approved (29 — 30) 

25 
property not subject to taxation 

(63) 59 

title vested in board of educa- 
tion (63) 332 
repairs (26, 63, 83,) 71, 331 
— and appliances (51 — 2) 276 — 7 
sale of (33—4, 63 — 4) 71, 332 
school district meetings held in 

(22) 16 
site, bonds for purchase of (103) 

277 

condemnation of land for (34 — 
5) 23—4 

consent to change 22 

for industrial schools 328 

designation (26, 33) 21 — 4. 
330—1 
without vote (33) 331 

purchase (63) 22, 330 — 1 

requisites for change of (33) 22, 
331—2 

sale of (33—4, 63—4) 22—3, 
332 

taxes and bonds (35 — 6) 24 — 7 

title to lands (35) 332 
taxes (26, 30, 31, 32, 35—6) 24, 

27, 345 
temporary or branch (52) 279 
use, for examinations (31) 72 

out of school hours (31) 72 
waterclosets (32, 65) 71—2. 339, 

390 
See also taxes 



school libraries 34 — 5 

abandoned (199 — 200) 34 
apportionment to (108 — 9) 33, 35 

may be withheld (200) 33 
authority to raise money (199) 

34 
establishment (192) 34 
existing rules continued (199) 34 
insurance (49, 63) 73 
librarian (64, 198) 34 

property, transfer to free public 

library (199) 34 
public libraries formed from (196, 

200) 35 
reports (199) 34 

school commissioner to examine 

(83) 385 
tax for establishment of (26) 28 — 

9 
transferred (200) 34 
trustee may not be librarian (37) 

34 
use and care (198 — 9) 34 
— meetings (20 — 8) 15 — 40 

acts may be appealed from (89) 

408 
annual, of boards of education 

(60) 325—6 

of districts re-formed (23) 323 

notice of (21) 15 

time and place of (21 — 2) 16, 
321 
dissolved district, in (12) 11 
division of union school district 

(10—11) 321—2 
duty to attend (24) 18 
first, notice of (21) 15 
joint district, special meeting (8) 

10 
neighborhood meetings (18 — 9) 

13 
notice, effect if not given (23) 17 

penalty for failure to serve (24) 
18 
place 16. 321 



460 



School Law [school meetings 



school meetings, continue 1 

schoolhouses, designation of site 
(33) 21—4, 330—1 
to consider erection of (31) 

71—2 
sale of (33) 22—3, 33i 
special meeting, call by school 
commissioner (23) 17 
in common school districts (22) 

17 
in union free school district (23) 

319 
to transact business of annual 
meeting (22) 16 
taxes, power to vote (35 — 6) 24 — 

37 
text-books, to designate (139) 39 
union school districts, establish- 
ment (13—4) 315-8 
dissolution and reorganization 

(16—8) 321—3 
establishment, proceedings of 
(15) 321 
voters, qualifications (24) 18—9 
See also boards of education 
— moneys (104—13) 264—75 
apportionment, certificate of (110) 
270 
certifying and paying, manner 

of (109—10) 270 
to cities, academies, academic 
departments and libraries 
(108—9) 334—7 
by commissioner of education 

(105—10, 144) 266—9 
by school commissioners (13, 

111—2) 270—5 
conditions for cities and dis- 
tricts (107) 266—7 
errors corrected by commis- 
sioner of education (106) 269 
for industrial and trade schools 

(164) 328—9 
to union school districts and 

cities (112) 267, 334—7 
when payable (110—1) 270 



school moneys, continued 

withheld for physiology law 
(15S— 9) 203—4 
boards of education may borrow 
(65) 340 

reports on (69) 346 
collector's bond for 45 
comptroller may withhold (112) 

273 
custody of (45—6) 46—7 
deposit, in cities and villages (66 

—67) 351—2 
disbursement, by supervisors 

(74—6) 371—2 

by treasurer 46 

how made (43) 46 

of dissolved district (17, 18) 12 
estimates by commissioner (87) 

405 
expenditures, estimates of (70) 

344—5 

limitation upon (66) 346 

vote on (36) 345 

to be by ballot (28) kO 
forfeiture when lost by neglect 

(117—8) 269 
liability of collector. lost (46) 46 

— 7 
lost or embezzled, tax for (27) 36 
notice of non-payinent (54) 283 
payment by trustee to successor 

(,54) 283 

to unqualified teachers prohib- 
ited (134) 80-1 
proceeds from dissolved district 

(12—3) 11 
supervisor's bond for (77 — 8) 372 

—3 
supervisors report to school com- 
missioners (78) 376 
teachers' fund, collector to dis- 
burse (44) 45 
treasurer custodian of (42 — 3) 46 

bond for 48 
trustees, report on (53 — i) 282 — 

4 



school trustees] Index 



461 



school moneys, continued 

right of action against predeces- 
sor (54) 28:5 
withholding, by commissioner (88) 
406 

for compulsoiy education (130) 
192 

— teachers institutes (144) 
110—1, 389 
See also bonds; taxes 

— neighborhoods (18—20) 12—4 
apportionment to (106) 270 
clerk and trustee, duties (20) 13, 

44. 49—50 
meetings (18—9) 13 
setting off (18—9) 12 

— officers (37—41) 41—50 
actions against (118 — 9) 36 

costs in (118) 37 

expenses in defending suits, tax- 
es for (27) 36—7 
acts may be appealed from (89) 

408 
election (25, 39) 40 
penal provision relating to (283- 

7) 42 
penalties, neglect to sue for (118) 

272 

for falsely claiming to repre- 
sent (117) 278 

— being interested in contracts 
71 

— refusal to serve or perform 
duty (39 — 40) 42 

qualifications (37) 41 

refusal to serve 42 

removal (88) 42, 281 

reports required of (22) 43 

resignation 42 

school libraries, may borrow books 

(198) 34—5 
.term of office (38) 41, 42 

length of, when elected at spe- 
cial meeting (22) 42 
trustees may not hold office of 

(37) 52 



school officers, continued 

vacancies in office (40) 281 

how filled (40—1) 281 
See also collector; district clerk; 
district treasurer; school trus- 
tees 

— record blanks 189 
certificate 188 
record of 189 

— register, verification of (134) 121 

— trustees (46—54) 49—286 
account books, to provide (51, 

52) 276 
actions by (302; 1897) q (282—3) 

286 

against predecessor (54) 283 

costs in (118, 120—1) 36—7. 
284-6 

may be appealed from (89) 

408 and teachers 148—56 

apparatus, expenditures for (51) 

278 
application of moneys by (115) 

264 
appoint librarian 34 

library trustees 35 
assent to alteration 10 
ballot boxes, to provide (39) 41, 

320 
blank books 276 
board, action as 54 
boards of education have powers 

of (67-8) 326 
body corporate (47) 53 
bond (115) 275 
bonds, issue of (103) 277 
call special meetings IG, 17 
cannot hire himself 78 

or school commissioner 79 
collector, to deliver bond to (43 — • 

4) 45 

in default, remedy against (46) 
compulsory law 185 — 98 
conclusions of two valid (47) 54 
concurrent authority 161 



462 



School Law [school trustees 



schoo. trustees, continued 

condemnation of land for school- 
house sites (34) 23 
contract for building 25 — 7 

for conveyance 39 

with other districts (140) 38, 
i 268—9, 338 

conveyance of pupils (28) 38, 186 
corporal punishment 221 — 41 
corporation 53, 117 
course of study 199—220 
de facto 75 

designate place of meeting 16 
disbursements, may order (43) 

263—4 

of teachers fund (44) 263 — 1 
dismissing teachers 127 
election (38—9, 56, 57) 41—2 

in common school districts 
(25) 41—2 
expulsion 242—62 
extent of authority 157 — 64 
family, only one in 52 
fines 39, 81 
fire drill, duties relating to (156) 

343 
fire escapes, construction (31) 26 
forfeiture of amount of moneys 

lost by neglect (117) 272, 282 
give orders for payment 48 
hiring teachers 74 — 147 
hours of school 170 — 1 
ineligibility 37 

insuring property (27) 35, 73 
janitor work 115, 167, 276 
meke tax list 8 
meerings (47) 54, 75 
Set also school meeting 
misdemeanors 71, 81, 263 
must sustain teachers 132, 254 
neglect of duty (39) 52 
neighborhood trustee, report (20) 

13 
non-resident pupils 173 — 4 
not to be interested incontracts71 
nuisances, abatement (83) 386 
number (38—9) 41—2, 51, 75 



school trustees, continued 
change in (62) 51 
outbuildings 71 — 2 
outside stairways 27 
payment to successor (54) 283 

to treasurer 48 
pecuniary fines 167 
penalty for failure to account (54) 

283 

for payment of unqualified 
teacher (134) 80—1 

— refusal to serve 52 
physiology law (159) 201—2 
powers and duties (48 — 51) 55 — 

286 

mode of exercise of (47) 54, 
75—6 
privies 71 — 2 
property held by (47) 72 

in trust for common schools 
(113) 273—5 
qualifications 52 
raise money for wages 36 

to pay judgment 37 
recover collector's balance 47 

forfeits 47 
refusal to serve (39) 52 

from office 52 
repairs 276 

report of pupils from other dis- 
tricts (141) 268—9 
reports (52—3, 84, 141) 17, 

276 
rules 148—262 
sale of property 22 

mortgages on 23 
school districts, alteration of 

(8—9) 10 

consent to dissolution (9) 10 

dissolved, to settle unfinished 
business (12) 11 

division of union free school 
districts (10—11) 322 

notice of meetings (14) 316 
to organize union schools (15) 
315—6 



state library] 



Index 



463 



school trustees, continued 

union school district (13) 315 

— house, abatement of nuisances 
(51) 386 

care of (51) 72 
contract for building (32) 71 
furniture (83) 24, 331, 338 
may grant use of (31) 72 — 3 
not to levy tax for unless plans 

approved by commissioner 

(30) 25 
outbuildings, provissions for 

(32—3) 71—2 
repairs and appliances, duties 

concerning (51 — 2, 83) 71, 

276—7, 331 

— houses or site, execution of 
deed for sale of (33 — 4) 22—3, 
332 

to sue for money unpaid upon 

security (34) 23 
to take security for sale (34) 23 

— libraries, librarian (198) 338 

— meetings, annual place of 16 
special, may call (22) 55 

to consider building school- 
houses (31) 17—8 

— moneys, (42—3) 263—5 

— officers, vacancies C40 — 1) 281 
sole trustee, powers and duties 

(47) 53^ 
subpoenas 391 
suspension 242 — 62 
tax list (101—2) 66 

and warrant, delivery to town 
clerk (103) 55—70 
taxation for expenses (54) 36 — 7, 

284—6 
taxes, for cei tain expenses (120 — 
1) 36—7 

suits for recovery of (101) 67 
teachers, contract with (137) 147 
relationship to (137) 77 — 8 
in union schools 76 — 7 
substitutes 135 
wages, to raise money for (27, 
28) 264 



school trustees, continued 

teachers' institutes (144) 110 — 1, 

389 

report on (144) 281, 388 
temporary or branch schoolroom 

(51) 330—1 
terms of office (38, 56, 57) 51, 53 

of school 73, 74 
treasurer to deliver bond to (43) 

48 
vacancies in office (40) 51, 52 

action in case of (47 — 8) 53, 54 

how filled (40) 53 
vacc.».„.lon 174 — 5 
water closets 71 — 2 
written contracts 100 — 2 
See also boards of education; 

taxes 
scientific associations, iincorpora- 
tion (221) 419 

— collections, made by museum 
staff (219) 413 

of birds, birds' nests and eggs 
(322—3) 414 
temperance law 201 — 5 
seal of commissioner 86—7 
searching pupils 167 
sectarian defined 217 

instruction 214 — 20 

schools, aid to 265 
separate neighborhoods 12 — 14 
sewer systems for colleges (229 — 31) 

430 
Sherman, Judge q 167 
sites, see schoolhouse site 
special acts (72) 326 
specimens, to state museum (192) 
Spencer, Sup't q 162, 214 — 5 
stairways, outside 26 
state botanist 412 

— certificates 291, 304—7 
in cities 201. 357 
endorsement of 132 — 3 

— entomologist 412 

— geologist 412 

— lands, taxes on (269 — 71) 59 

— library 414 — 7 



464 



School Law [state library 



state library, continued 

advice and instruction from offi 

cers (197) 32 
borrowers (191) 415 
how constituted (190) 414 
department of university (219) 

412 
duplicate department (191) 416 
hours of opening (191) 415 
loans (192, 196—7, 219) 415 
manuscripts and records (190) 415 
receipts from sales used for (191) 

416 
reports (192) 416 
subject to regents (190) 412 
transfers from state officers (191 — 

2) 416 

— medical library (190) 415 

— museum (.321 )2) 412—4 
collections made by staff (219) 413 
how constituted (219) 412 
department of university (219) 

412 
Indian section (220) 413 
loans from (219) 414 
reports (219) 412 
transfers to (192) 416 

— r-fficers 392—435 

may borrow from state library 

(191) 415—6 
transfers of books, etc. to state 

library (191—2) 416 

— paleontologist 412 

— publications 416 

certain, in resents charRe (191) 

416 
extra copies (191) 416 
on file, partof state library (190 — 

1) 416 
proceeds of sales (191) 416 

— schools of agriculture (240 — 7) 
400 

Cornell college of 400 

— treasurer, payment by (109) 33, 
59, 393 

stock corporations (308—9) 418—26 
dissolution (222) 421 



street trades, employment in (299 — • 

301) 196—8 
subpoenas, school commissioner to 

issue (82) 391 
subsidies, library (193—4) 29 

restrictions on (265) 29 
substitute teachers 135 
suits, see actions 
superintendent of schools 151 

physiology law (158—9) 203 

pictorial instruction (161) 352 

teachers schools or classes (147) 
341 

in villages (65—6) 340 
supervision quota (105, 107) 266 
supervisor (74 — 8) 371 — .3 

accounts 372, 378 

apportions assessment 57 

bank stock 62 

bond, for school moneys (77) 372, 
375, 378 

refusal to give, consequences of 
(77—8) 375—6 

certificates of apportionment 377 

commissioner district, may divide 
(79) 381 

costs in actions against (118 — 9) 
36—7, 284—6 

deaf and blind, duties relating to 
(175—7) 248 

decisions may be appealed from 
(89) 408 

dissolved district 11 — 2 

district boundaries 10 

duties (74—7) 371—5 

equalizing assessments 375, 377 

fees (13, 303—4) 10, 62, .377 

fines 20, 376 

gospel or school lots (114) 373 — 5 

misdemeanors 376 

pays public money to treasurer 48 

property in trust (113) 373 — 5 

railroad valuation 63 

renewal of warrant 64 

report of county treasurer 46 

— to county treasurer 376 



taxes] 



Index 



465 



supervisor, continued 

school commissioners, expenses 

(81) 384—5 

may increase salary (80 — 1) 384 
school districts, alteration (9) 10, 

373 

application of proceeds of sale 
of property (12) 11 

sale of property of dissolved 
district (12) 11 
school moneys, apportionment 

(112) 272 

payment 371 — 2 

report to school commissioners 
(78) 376 
sue for money due (13) 12, 374 

for penalties 20, 373 
tax rate 44, 62 
taxes, unpaid, collection of (102) 

67—9 

levy of (102) 375 
teachers pensions, payment (136) 

370 
town assessment rolls 56 
treasurer to demand money of 

(43) 371—2 
trustee, not eligible as (37) 52 
trustees not to draw on unless re- 
cord is verified (134) 121 
unpaid taxes 68 
vacates office of trustee 51 
valuation of taxable property (93) 

56—8 
supreme court, control over gifts, 

grants and devises (315) 431 
libraries (201—14) 417 
suspension 186, 206, 208, 242—5 
tardiness 165—7, 179—80 
tax law (62:1909) q (265—80, 308— 

9, 320—1) 59—63 
tax-list 55 

amendments (98) 65 

filing with town clerk (103) 69 — 

70 
transmission to county treasurer 

(102) 68 



tax-list, continued 

trustee to make out (48) 55 
taxes (90—103, 265—80) 27—9, 55 
—70 
for apparatus and textbooks (26) 

27 
appeal on refusal to levy for costs 

in actions (119—20) 37 
assessment (91 — 2) 55 — 63 

apportioned 55 

equalizing 375 

of state lands in Dannemora 
and Wawarsing (94 — 5) 58, 
59 

of vacant land (93—4) 57 
banks (271—6) 61—3. .375 
boards of education may levy 

without vote (70) 345 
— may borrow for 340 
certification by trustees (101 — 2) 

68 
collection (276) 6.3—70 
collector, fees (99) 47 

jurisdiction of (98) 64 

notice (98—9) 65 
corporate authorities to levy (71) 

351 
corporations 56, 57 
costs in actions (118) 37 
equalization within joint districts 

(93) 57, 375 
exemptions from (26.5 — 9) 59 — 61 

tax for building schoolhouse 
(97) 58, .59 
forest preserve 59 
levying, vote to be by ballot (28) 

20 
libraries (193, 194) 28—9 
money for teachers' wages (69) 27 
nonresident pupils (138) 174 
outbuildings, provisions for (32, 

3.3) 71—2, 339, 390 
penalty for false statement 57 
personal property 56 
persons working land on shares 

(96) 58 



466 



School Law 



[taxes 



taxes, continued 

powers of meetings to vote (35) 27 
property, of absentee owners (96) 
57 

to be assessed (92) 56 
railroad companies, notice to (99 

—100) 47, 63, 65 

payment by (100) 47, 66 
real estate unoccupied 56, 57 

valuation 375 
record book (27) 276 
replace moneys lost (27) 36 
St. Lawrence county (277 — 80)9 
school library (26, 199) 27—35 
school property not subject to 

(63) 332 
schoolhouses (26, 30, 31, 32) 27 

sites (26) 24, 27, 345 
state lands (269—71) 59 
suits for recovery of (101) 67 
supply deficiencies (27) 35 
teachers' pension fund (136) 370 

—1 
teachers' wages (50) 36 

payment of deficiency in (27) 36 

to pay judgments on (27 — 8) 
36—7 
tenants' right to charge tax to 

landlord (97) 58 
textbooks, for purchase of (139) 

330 
transfer tax on devises (320 — 21) 

434 
trustees, expenses of (54) 284 
unpaid, collection of (102 — 3) 67 
—9 

levy by supervisors (102) 69, 
375 

return by collector (101) 67 
valuation, ascertainment of (92) 

56 

power of trustees to determine 
(92—3) 56—8 
vote on (36, 70) 20 



taxes, continued 

warrant, for collection of (97) 63 
filing with town clerk (103) 69 
renewals of (98) 64 
teachers (130—8) 

age 77 

annulment of certificates 89 — 95 

attendance at institutes (107, 144) 
268 

bankruptcy 91, 131 

contract with (137) 74—147 

dismissal (138) 123 — 47 

employment (49, 64) 74 — 147 

examination and licensing of (81, 
83) 82—99, 287—312 

fines 121, 125, 234, 235, 330, 344 

fire drill, to maintain (155) 343 

forfeiture 121 

fund, collector to disburse (44) 46 

indebtedness of 91, 131 

Indian children, record of attend- 
ance of (170—1) 185 

institute week 94, 110 — 1, 388—9 

insubordination 133 — 4 148 

kindergarten (165—6) 172, 205 

librarian 34 

limit of power 236 

may not expel 245 

— usually suspend 242 

minors 77 

must verify entries 121 

misdemeanors 99, 194, 200 

not a public officer. 149 

pensions, petition for (134 — 5) 369 

physiology and hygiene, examina- 
tions in (133. 158) 203 

primary and grammar schools 
(131—2) 357 

qualifications (131) 82—99 

quota (106) 266 

district entitled to (107, 140) 
267 

record of attendance, to keep 
(125) 121, 188—9 
books (134) 95, 121, US 
verification of (134) 121 



theatres] 



Index 



467 



teachers, continued 

recourse when defied 155, 255 

registers of (87—8) 170, 377 

reports 34 

retired 369 

school libraries, may borrow books 

from (198) 34 
schools for colored children (185) 

329 
superannuated 370 
trustees make rules 165-222 
must sustain 132, 254 
relationship to (137) 
verification of entries 121 
wages, apportionment of moneys 
for (105, 112) 266—7 
expenditures for (70, 74) 36 
payment of (111) 77, 116-7 

by trustee (49—50) 264 
not to be paid until record is 

verified (134) 121 
paid during institutes (143) 110 
payable as often as monthly 

(138) 116 
dme of payment in contract 

(137) 116 
payment to unqualified teachers 

prohibited (134) 80 
tax for (27—8, 50. 69, 70) 36 
See also training schools and class- 
es 
— certificates 

commissioner of education may 

grant (132—3) 82—9 
commissioner's power to annul 

(87, 132( 89—95 
examination for (132—3) 82—9 
dishonesty in 83, 89 
in cities 88 
indorsement (132—3) 86—7 
revocation by commissioner of 
education (87, 132)89—95 
by school commissioner (83 

133) 89—95 
for failure to complete con- 
tract (137) 123 



teachers' certificates, cont'd 

for failure to attend institute 

(144) 94 
for refusal to teach physiology 
and hygiene (158) 203 
school commissioner may grant 

(83, 133) 82, 84—86, 298 
temporary (133) 88 
for training class students (146) 
390 

— institutes (141—5) 267—8, 388 
—9 

attendance at, penalty for failure 

of (144) 110—1, 389 
commissioner of education, duties 

(141—2, 145) 267 
expenses, payment of (144 — (5 

388—9 
physiology and hygiene, instruc- 
tion in (158) 203 
school buildings used for (143) 389 
— commissioners, duties (142 

—3) 388—9 
schools closed during (143 — 4) 

267—8 
vocal music, instruction in (162) 

328 

— licenses, see teachers' certificates 
technical schools (6) 8 

See also industrial schools 
telegraph companies, apportioning 

valuation (277) 63 
telephone companies, apportioning 

valuation (277) 63 
temperance law 330 
testimony, authority of regents to 

take (217) 411 
text-books (138—9) 206 

boards of education to designate 

(63, 138—9) 39, 206 

changes in (139) 39 

district to vote tax for (26) 27 

free, in union school districts(139) 
27, 39 

on physiology (158) 203 
theatres 196, 197 



468 



School Law 



[theological 



theological seminaries exempt (218') 

411 
tobacco, use of IGS 

cigars 

cigarettes 

towels in school 1G9 
town 309—79 

— assessors 56, G2, 63, 379 

— auditors 372, 378 

— board 275, 369, 371, 374 

— clerk (72—3) 377—8 
addresses of school officers 43 
bonds of collectors 45 
certificate of apportionment 377 
certified valuation 63 

change of boundaries 10 

collector's bond (44) 

dissolved districts 11 

distributing blanks 377 

district boundaries 9, 10 

duties (72—3) 377—8 

expenses 379 

fees (13,14) 10, 45 

forfeiture of moneys (117) 269 

railway valuation 63 

records 377 

school commissioner's oath 379 

school districts altered (9) 378 

decision filed (9) 10 

description filed (8) 9 

minutes filed (16) 318 

records filed (12) 378 
school moneys 378 
supervisors' accounts 372 — 3, 378 
tax list filed (103) 69, 378 
teachers, retired list (136) 170, 

377 
trustees report 377 

— law (63:1909) q (303—4) 377 

— libraries (192) 417 

— meeting 369, 373 

— property in trust (113) 273 — 5 
township system 9 

in villages 353 
trade schools (162—5) 328—9 



training schools and classes (145 — 7) 
341—2, .389—90 

apportionment for (112 — 3) 342 
physiology and hygiene, instruc- 
tion in (158) 203 

transfer of libraries (196) 31, 416 

— tax on devises and bequests, 
exemptions (320—1) 439 

traveling libraries (197) 32 
treasurer, see district treasurer 
truant schools (128—30) 186, 194, 
240 

truants, arrest of (127 — 8) 194—5 
in Indian schools, arrest of (171) 
185 

trust funl, accumulation of income 
(317—20) 433 

trustees 

of academy, may dissolve acad- 
emy (223) 422—5 

boards of education have powers 
of (67-8) 334 

defined (6) 8 

of corporations (310) 427 — 9 

public libraries (194—5) 29—30 
regents may remove (196) 32 

school, see school trustees 

— of university institutions 426 — 32 
absences from meetings (228) 427 

—8 
degrees and credentials, may 

grant (229) 429 
elections (228) 427 
executive committee (227) 427 
ineligible as regent (217) 410 
meetings (227) 427 
no compensation (229) 429 
number and quorum (227) 427 
officers and employes (22)) 428 
powers (227—9) 426—9 
property, control of (228—9) 428 
— holding (228) 428 « 

removals and suspensions (229) 

429 



vice-chancellor] Index 



469 



trustees of university institutions, 

continued 

rules, may make (229) 429 

seniority (227) 427 

vacancies (228) 427 

women eligible (228) 428 
trusts for schools (113—5) 273—5, 

432 

authorized (312—7) 273—5 

control and supervision (114) 273 

limitation of bequest (311—2) 433 

report of, to commissioner of ed- 
ucation (114) 274 

See also bequests; gifts 
tutor cannot recover 77 
union free school districts 8 

alteration 11 

annexation to 10 — 1 

apportionment to (105) 266 

board of education to control (64) 
333 

boundaries, alteration of (9) 10 

clerk (44) 342, 348 

collector (45) 348 

deposit, of moneys (66 — 7) 345 — 6 

dissolution (10) 321—3 
restriction (16) 322—3 

division, of dissolved district (17) 
323 

of district containing two incor- 
porated villages (10) 349 

establishment (13 — 4) 315—8 

laws applying to (72) 326 

meeting, regarding reorganization 
(16) 318, 321—2 
of two or more districts (14 — 5) 
349 

proceedings of meetings to form 
(15—6) 315—8 

school districts, for apportion- 
ment (112) 267 

special meetings (23) 347 

supervision by commissioner (88) 
347. 406 

treasurer (45) 345—6, 348 



See also boards of education; 
school disticts; school meetings; 
school trustees 

— schools, academic departments. 

see academis departments 
United States deposit fund (197) 7, 

33, 264, 
universities (5, 6) 8, 425 

incorporation (221) 418—8 
university, defined (5) 8 

extension 8 

use of name (226) 425 

— of the state of New York (5; 
214—31) 8. 409 

corporate name and objects (215 
—6) 409 

departments (219) 418 

government (216) 409 

in constitution (265) 7 

institutions in (220) 418 

powers (215—6) 411—35 

See also regents 

seal 395 
vacancies in office 

boards of education (64 — 5) 325 

clerk 281 

collector 281 

regents (216) 410 

school commissioner (80) 384 

school officers (40—1) 281 

treasurer 281 

trustee (40, 48) 52—3 

of university institutions (228) 
427 
vacation 109. 113 

— certificates 354 
employment of children 187, 353 

vaccination of school children (280 — 

1) 174—6. 246 

report on (53) 175 
ventilation of schoolhouses (29 — 30) 

25—6 
veracity 134, 187. 353 
veterinary college (399 — 400 
vice-chancellor of university (217) 410 

powers (217) 410 



470 



Index 



[villages 



villages 349 — 56 
bonds 353 
deposit, of moneys in (66 — 7) 349, 

352 
distinctive features 349 
incorporated, division of union 
free school district containing 
(10—1) 349 
libraries (192) 352 
superintendent of schools (65) 340 

—1 
taxes, corporate authorities to 

levy (71) 351 
teachers training schools and 
' classes (147) 353 
union school districts in, notice 
of organization (14) 349 — 50 
Vincent, Judge q 244 
visitaiion of schools, see inspection 
visitation of schools 405 

by commissioner of education 

405 
by school commissioners 
visitors of schools 405 
visual instruction (160 — 1) 352 
vocal music, instruction in (162) 328 
voters 

challenges (25) 20 

fines 20 

penalty for unauthorized vote 

(25) 20 
powers (25—28) 20—40 



voters, continued 

qualifications (14) 18 — 9 

at distrir.t meetings (24) 18 — 9 
wages, see teachers wages 
wampum keepet of Onondaga nation 

(322) 413 
warrants 

for collection of taxes (97—8) 63 
comptroller's, for payment (109) 

270 
filing with town clerk (103) 270 
Washinf.ton's birthday, observance 

in public schools (155) 279 
waterclosets (32.65) 71-2,339-40, 390 
water-works, colleges may construct 

(229—31) 429—30 
Washington's birthday 280 
Wawarsing, assessment for school 
purposes of certain state lands in 
(94—5) 58 
Weaver, Sup't q 169 
Wisconsin decision 208—10, 212 
witnessess, subpoenas to compel at- 
tendance of (82) 391 
women 

married 79, 124—5 

may vote at school meetings (24) 

19 
school commissioners (79) 3S1 
Woodward, Wm. H. 391 
written excuses 178, 185 
year, school 108 — 9 
Young, Sup't q 232 



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